Israeli Supreme Court: ‘mothers must share child support’

marriage

Israeli mothers who share care of their children with their ex-husbands must also share responsibility for child support, the country’s Supreme Court has ruled.

Currently fathers in Israel are solely responsible for the payment of child support, regardless of whether the mother earns more than the father, her earning potential or the amount of time the father spends actually looking after the children.

But following petitions from two divorced fathers concerning their ex-wife’s salaries, the Supreme Court of Israel has now declared that mothers must share some of the responsibility for children aged between six and 15.

A panel of seven judges agreed that the current system placed an undue burden on fathers and could leave many so hard up they were unable to look after the kids properly even they did have them.

“The existing law, which requires the father to bear the necessary child support payments on his own, might leave the father without the resources he needs to ensure the child’s welfare while staying with him, as well as create real financial difficulty for the father himself.”

The amounts to be paid by each parent should be determined by “their relative financial situation considering all factors, including salary.”

One Judge, Noam Sohlberg, was forthright, declaring:

“Truth be told: the very core of family law in Israel—marriage and divorce law—is characterized by inequality between men and women. According to Jewish law, the get (religious divorce) is in the man’s hands—if he wants it, he’ll give it; if he doesn’t, he can refuse. However, this does not justify unequal division of child support.”

Despite the new emphasis on equality, fathers will remain solely responsible for the financial upkeep of children under the age of 6.

Photo of Tel Aviv by Lilach Daniel via Wikipedia under a Creative Commons licence

Stowe Family Law Web Team

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3 comments

Paul - July 19, 2017 at 9:30pm

Very progressive. Our dinosaur courts are now lagging behind the rest of the world realising that equality should mean exactly that.

Yvie - July 21, 2017 at 7:00pm

Excellent ruling. Both parents should take responsibility for their children and it is certainly sensible to take both incomes into account.

Hazy - September 21, 2017 at 12:40am

Uk courts need equality in divorce and child support issues very badly!

They are stuck in the distant past.

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