Increasing Maintenance — Professional and Direct Legal Representation
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What is Maintenance and the Meaning of Increasing It
Maintenance refers to monthly or periodic payments determined by a court order or an agreement confirmed as a court order, intended to cover basic living expenses for children or a spouse following divorce or separation. Increasing maintenance is a legal procedure aimed at modifying the existing maintenance amount, typically when economic conditions or needs have changed significantly.
In Israel, maintenance is governed by family law and constitutes a constitutional right of the child to enforce parental obligations. When economic circumstances change — whether due to new expenses for the child, changes in the obligor parent's income, or changes in custody arrangements — one may petition the Family Court to increase maintenance.
When Should You File a Request to Increase Maintenance?
- Increase in child's expenses: Entry into secondary school, special courses, medical treatments, educational or sports activities requiring a higher budget.
- Change in health status: If the child develops a chronic illness or disability requiring treatment, medication, or special services.
- Higher education expenses: Entry into university, professional courses, or studies abroad.
- Increase in obligor parent's income: When the parent receives a promotion, changes employment, starts a new business, or receives an inheritance.
- Change in custody status: If the custody arrangement of the entitled parent changes, this affects the calculation of maintenance.
- Decrease in obligor parent's income: While this typically serves as grounds for reduction rather than increase, the other party may increase their claim to maintain the standard of living.
It is important to note that a request to increase maintenance is not considered a new claim but rather a modification of an existing order. Therefore, this procedure is generally faster than an initial claim but requires clear documentation and evidence of changed circumstances.
The Legal Process for Increasing Maintenance — Step by Step
Step 1: Preparing Documentation and Calculating the Claim
Before filing a formal request, it is essential to prepare comprehensive documentation proving the change in circumstances. This includes:
- The original order or agreement confirmed as a court order (if unavailable, it can be obtained through the court).
- Medical certificates, school certificates, invoices, or price quotes proving the new expenses.
- Salary slips, tax reports, bank statements, or other financial documents proving the current income status.
- A detailed calculation of the required maintenance amount based on legal standards and maintenance tables.
In Israel, there are official maintenance tables that courts use as a reference point for calculating the maintenance amount, but they are not binding. The court will calculate maintenance based on actual income, the child's needs, the standard of living before the divorce, and the obligor parent's ability to pay.
Step 2: Attempting to Reach an Agreement
Before filing a claim, it is generally advisable to attempt to reach an agreement directly with the other party. If the obligor parent agrees to increase maintenance, a new agreement can be confirmed by the court without the need for a full court hearing. This saves time, money, and emotional distress. However, if no agreement is reached, proceed to the next step.
Step 3: Filing a Request to Modify the Order in Court
The filing is submitted to the Family Court in the jurisdiction where the child resides or where the original order was issued. Required documents include:
- A legal request (affidavit) describing the change in circumstances.
- Supporting documents (written evidence).
- A legal calculation of the requested maintenance amount.
- Notice to the other party (which by law must receive a copy of the request).
In some cases, the court may require a family mediation session before the formal hearing to encourage agreement between the parties.
Step 4: Court Hearing
If no agreement is reached, a court hearing takes place. During this hearing, both parties present their position, provide financial documentation, and explain why maintenance should or should not be increased. The judge will examine:
- Evidence of the change in circumstances.
- The obligor parent's ability to pay.
- The child's actual needs.
- The standard of living the child was entitled to before the divorce.
- Any other relevant factor related to the child's welfare.
Step 5: Obtaining the New Order
Following the hearing, the judge will issue a court order updating the maintenance amount. The new order will be effective from a specified date (often from the date of the request, sometimes from the date of the hearing). It is important to obtain a copy of the new order and keep a secure copy.
Alimony Increase Services — What Rozil Amir Law Firm Offers
Legal Consultation and Case Analysis
In an initial meeting, we carefully listen to your story, analyze the original order, examine changed circumstances, and determine whether there is a strong legal basis for increasing alimony. We explain your chances of success, the expected range of new alimony payments, and the litigation process.
Document and Evidence Preparation
We assist in preparing all necessary documents: medical certificates, school certificates, invoices, payslips, tax reports, and additional financial documents. We organize the evidence in a clear and compelling manner, ready for presentation in court.
Alimony Calculation Based on Legal Tables
We use official alimony tables and actual financial data to calculate a realistic and legally sound alimony amount. We ensure that the calculation reflects the child's needs, the parent's ability to pay, and current legal standards.
Filing a Motion to Modify Order
We file the formal motion with the family court, ensuring compliance with all technical requirements and proper notification of the court. We handle all notices and correspondence with the court.
Full Representation at Trial
If an agreement is not reached, we represent you at trial in court. We present your evidence persuasively, respond to the opposing party's arguments, and advocate for your rights before the judge.
Settlement Negotiation and Mediation
We negotiate with the other party to reach an agreement that will save time and costs. In some cases, we participate in formal family mediation, advocating for your interests in a constructive manner.
Comparison: Typical Scenarios for Alimony Increase
Below is a table showing typical scenarios in which requests for alimony increases succeed or encounter difficulties:
| Scenario | Reason for Request | Likelihood of Success | Remarks |
|---|---|---|---|
| Child enters university | Tuition expenses, housing, books, transportation | Very High | Courts generally agree that these expenses are a legal necessity of the child. |
| Child diagnosed with health condition | Medical treatments, medications, psychological therapy | Very High | Medical necessity is clear and legal. Medical certification is required. |
| Obligated parent received significant promotion | Increase in income | High | The court will examine the new income and adjust alimony accordingly. |
| Child requires professional or sports courses | Expenses for educational or sports activities | Medium to High | Depends on justification and level of expense. Excessive requests may be denied. |
| Entitled parent received custody increase | Child spends more time with entitled parent | High | Increase in custody percentage directly affects alimony calculation. |
| Child needs separate housing (age 18+) | Entering university or employment in another city | Medium to High | The court examines whether housing is a realistic need or a luxury. |
| Obligated parent claims income decrease | Request for reduction, not increase | Medium | The court will examine whether the decrease is actual or withheld. In some cases, such a request may be rejected. |
| No significant change in circumstances | General request for increase without justification | Very Low | The court will reject a request without a clear legal basis. |
The table above is general guidance only. Each case is unique, and its outcome depends on the specific data, evidence presented, and the judge's discretion.
Frequently Asked Questions About Alimony Increase
Important Tips Before Submitting a Request to Increase Alimony
1. Document Everything
Keep a copy of every relevant document: the original court order, pay stubs, tax reports, medical bills, school certificates, price quotes, bank statements, and anything else that proves the new needs or change in income. The more evidence you have, the stronger your request will be.
2. Carefully Determine the Required Alimony Amount
Do not request a random amount. Conduct a detailed calculation based on alimony tables, actual income, and realistic needs. An inflated request may undermine your entire application. An attorney can help you with this calculation.
3. Be Cautious of Behavior That Raises Suspicion
Do not hide income, do not drastically change your expenses, and do not attempt to manipulate the court. The court typically identifies such behavior, and it will damage your credibility.
4. Be Prepared to Settle
If the obligated parent is willing to agree to a partial increase, consider whether this is preferable to prolonged litigation with uncertain outcomes. Often, a settlement is a practical and cost-effective solution.
5. Maintain Discretion
Do not discuss your request publicly or on social media. This may harm the legal process and your relationship with the child or the other parent.
6. Be Aware of Restriction Periods
If the original court order includes a clause limiting alimony increases (for example, "alimony cannot be increased before 3 years"), ensure that the period has passed before submitting your request. If not, the court may dismiss the request on a technical ground.
Why Choose Roziel Amir Law Firm
What guides our day-to-day work
Deep Experience in Family Law
Attorney Roziel Amir has extensive experience in divorce lawsuits, financial agreements, alimony, custody, and all matters related to family law in Israel. We know how courts think and what they look for in requests to increase alimony.
Personal and Professional Representation
You are not just a file in a folder. We dedicate personal time to each case, listen to your concerns, and explain every step clearly and understandably. We are here to support you every step of the way.
Complete Discretion
Everything you share with us remains confidential. We understand the sensitivity of family matters and handle every case with complete discretion.
Strategic Approach and Long-Term Thinking
We are not seeking only a quick victory. We think about your long-term welfare, your relationship with your child, and the best legal arrangement for you and your family.
Increase Alimony — Schedule Your Free Legal Consultation Now
If you are considering increasing alimony, or if you are already in the process and need legal assistance, we are here to help. Schedule an initial free consultation with Attorney Roziel Amir. We will listen to you, examine your case, and offer you clear and fair guidance.
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