Alimony lawsuit - Best lawyers

In an era where family structure is changing and family law is evolving, the issue of alimony has become one of the most central and complex topics in divorce and separation proceedings. Whether it's child support, spousal support, or related issues such as reducing alimony due to shared custody arrangements, Israel's legal system is undergoing significant changes.

This guide is designed to provide you, parents and readers, with all the necessary information to understand the field in depth, know what to expect in the process, and how to find the most appropriate legal representation for you. An attorney specializing in alimony law can make all the difference.

This comprehensive information from LawReviews is designed to provide you with a clear and updated legal picture in the field of alimony law in Israel.

Alimony Law in Israel: A Decision Between Justice and Equality

The field of alimony in the State of Israel rests on two main pillars: personal (religious) law and civil law. In most cases, the obligation for alimony among Jews is determined according to Jewish law. The Alimony Law (Ensuring Payment) of 1959 regulates the matter and constitutes the legal basis, but courts and rabbinical courts interpret it and establish different rulings over the years.

Until recently, the main economic burden for child support was placed almost exclusively on the father, regardless of the mother's income level or actual custody arrangements. This reality created economic imbalance and large gaps between parents, sometimes at the expense of the child's welfare. The legal revolution on this issue began with the ruling in CA 919/15, issued by the Supreme Court. This ruling fundamentally changed the rules and criteria for determining alimony, especially for children aged 6 to 15.

How did the CA 919/15 ruling change the picture?

This precedential ruling established that for children aged 6 and above, the obligation to pay alimony is imposed on both parents equally, according to their financial capacity and the distribution of custody time.

• Equal distribution: In cases of similar incomes and equal custody time (joint custody), alimony payments between parents may not be ordered at all, since each of them bears the burden of support during the time the children are with them.
• Considering gaps: When there is a substantial gap in parents' incomes or in the distribution of custody time, the court will determine the amount of alimony according to a complex formula that will consider both of these components.
• Emphasis on needs: The case law still refers to the essential needs of children (food, clothing, basic education, etc.), but distributes the burden between the two parents more fairly.

It's important to note that for children under 6, the absolute obligation for alimony remains mostly on the father's shoulders, although there are new rulings that also consider the father's difficult financial situation and the mother's income.

Main Sub-areas in Alimony Law

The field of alimony is not monolithic and includes numerous different aspects requiring specific specialization:

• Child support: This is the most common and central issue. It concerns the obligation of a parent, usually the non-custodial one, to bear the costs of supporting their minor children. The amount is determined according to the children's basic needs, their standard of living before separation, the parents' financial capabilities, and the distribution of custody time.
• Spousal support: In cases of separated married couples, or during divorce proceedings, a wife may be entitled to alimony from her husband. The purpose of this alimony is to allow the woman to maintain the standard of living she was accustomed to during marriage. The right to spousal support ends with the granting of the get (religious divorce). However, in certain cases, a woman may lose her right to alimony, for example, if she left the home without justified cause or if she conducted a relationship outside marriage.
• Reduction and increase of alimony: Financial and personal circumstances change over the years. A parent can file a claim for alimony reduction if a substantial change in circumstances occurs, such as a significant decrease in income, or a substantial change in custody arrangements and increased custody time with children. Conversely, a parent can file a claim for alimony increase, for example, when the child's needs grow significantly (entering an expensive educational framework, special medical treatments) or when there is a significant improvement in the other parent's income.
• Cancellation of alimony: Usually occurs when the child reaches adulthood, in cases of military or national service (where usually the amount will be reduced and not completely canceled), or when the child becomes estranged from one of the parents.
• Alimony for adults: Even after age 18, it is customary to order alimony for children, mainly for the period of military or national service and until age 21. Courts recognize that even at this age, children are still financially dependent on their parents.

Summary Table: Types of Alimony and Their Nature

Alimony Lawsuit: A Complex Legal Process Requiring Careful Preparation

Filing an alimony lawsuit is not a simple matter. It's a legal process that requires evidence collection, in-depth financial analysis, and familiarity with current law and case law. Here are several important stages in the process:

Contacting an Attorney

The first and most critical stage is contacting a family law attorney specializing in the field. The attorney will examine the case circumstances, explain your rights and obligations, and build a legal strategy.

Document Collection:

Before filing the lawsuit, all relevant documents must be collected, such as:

1. Pay stubs of both parents.
2. Bank account statements from recent months.
3. Fixed and one-time expenses for children (clubs, after-school programs, private lessons).
4. Housing expenses (rent, mortgage, municipal tax).

Drafting the Lawsuit

The attorney will draft the lawsuit for you and detail all legal arguments and the children's financial needs.

Filing the Lawsuit and Court Hearing

The lawsuit is filed with the family court. Sometimes parties are required to submit income affidavits and additional evidence. Courts aim to encourage settlement solutions, but in cases of disagreement, a hearing will be conducted at the end of which the court will determine the amount of alimony.

Shared Custody Arrangements and the Alimony Revolution

The understanding that the child's welfare lies in continuous and meaningful contact with both parents has led to an increase in cases where shared custody arrangements are ordered. This arrangement, sometimes called "joint custody," dramatically changes the financial balance between parents and, consequently, the calculation of alimony.

• Direct impact on calculation: In cases of equal custody time, the financial burden of daily needs is more equally distributed between parents. The court considers this and significantly reduces the alimony amount, and sometimes even cancels it completely.
• Extraordinary expenses: Even in cases of shared custody arrangements, payment of extraordinary expenses must be arranged, such as: dental treatments, glasses, medical treatments, clubs, and camps. In most cases, both parents will bear these expenses equally or proportionally to their incomes.
• Impact on spousal support: In cases of shared custody arrangements, lower spousal support will usually be ordered, if at all, since the financial burden is more fairly distributed based on custody time.

Enforcement of Alimony Payment: When to Contact the Execution Office?

Cases where a parent doesn't pay alimony as determined by court ruling are unfortunately a daily reality. In such a situation, decisive action must be taken to protect children's rights:

Opening a File with the Execution Office:

One must contact the Execution Office and submit a request to open an alimony file.

Collection Procedures:

After opening the file, the Execution Office takes various procedures to collect the debt, including:

1. Imposing seizures on bank accounts, vehicles, or the debtor's assets.
2. Travel ban from the country.
3. Driving license restriction.

Ensuring Alimony Payment from National Insurance:

In certain cases, the National Insurance Institute pays alimony instead of the debtor parent and acts to collect the debt from the debtor afterward. This is an important safety net helping families cope with financial inability.

Additional Important Points to Know About Alimony

Beyond basic concepts and procedures, there are additional aspects of alimony law relevant to complete understanding of the field:

Divorce Agreement and Alimony: The Importance of Prior Arrangement

One of the most effective ways to avoid lengthy and expensive legal proceedings is to reach mutual agreements and draft a divorce agreement. This agreement can and should include detailed reference to the alimony issue. An experienced attorney will help you draft a fair and comprehensive divorce agreement that reflects the children's financial needs and the parents' capabilities. Such an agreement, approved by the family court, receives the force of a court ruling and becomes binding. The great advantage is that both sides participate in the decision and express agreement, which reduces tensions and improves future cooperation between them.

Are Alimony Payments Exempt from Income Tax?

The taxation issue on alimony payments is complex. Generally, in Israel, alimony payments made by one parent to another for the benefit of children are not considered taxable income for the receiving parent. Simultaneously, the paying parent cannot deduct alimony payments as a recognized expense. This issue is sensitive and each case should be examined individually, especially in light of recent rulings, and one should consult with a professional in the field.

Child Support Outside Marriage

The obligation to pay child support also applies to parents who are not married. Whether it's a couple living together as common-law spouses or a couple not living together at all, the alimony obligation of both parents toward their children exists and is regulated by law. An alimony lawsuit in such a case is filed with the family court and is subject to the same principles of alimony calculation, considering the financial capabilities of both parents and proportional burden distribution.

The Attorney's Role in Alimony: Beyond Court Representation

The role of an alimony attorney is not limited to court representation. It also includes:

• Objective situation assessment: The attorney helps you understand the legal and financial situation realistically, avoiding emotional decisions.
• Strategy formation: Building a strategy that suits your financial situation and ensures your financial future and your children's welfare.
• Support and guidance: Divorce and separation proceedings are emotionally difficult. Professional and sensitive attorney guidance helps navigate the process correctly and with dignity.

Choosing an alimony attorney with proven experience and a track record of success is critical to achieving the best result.

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