Child Maintenance Claim | Attorney Roziel Amir

What is a Child Maintenance Claim?

A child maintenance claim is a legal proceeding designed to ensure that the parent who does not have primary custody of the children (typically the parent who does not reside with the children or has limited custody) contributes financially to their maintenance, education, and basic needs. This is a constitutional right of every child in Israel, protected by the Basic Law of Human Dignity and Liberty and the Child Protection Law.

In many cases, child maintenance claims arise in the context of divorce, separation, or when parents are unmarried. However, it may also be required when parents live together but one of them refuses to contribute to the child's maintenance. Maintenance is not dependent on claims regarding custody, guardianship rights, or any other matter in family law — it is an independent right of the child.

In Israel, the Family Court is the judicial authority competent to rule on child maintenance claims. The court's jurisdiction varies according to the child's place of residence or the residence of the claiming parent. Proceedings in such a claim require a thorough understanding of the legal formula for calculating maintenance, parental income, the child's needs, and all relevant factors considered by the court.

Who Can File a Child Maintenance Claim?

Generally, the parent who resides with the children (typically the mother, but the father may also be the custodian) may file a claim against the other parent who does not have direct custody. However, the Basic Law clarifies that maintenance is the right of the child himself, not the claiming parent. This means that the court treats the claim as a request for protection of the child's best interests, not as a dispute between parents.

In certain scenarios, a third party (such as a grandparent, uncle, or aunt) may also file a claim if he or she bears the cost of the child's maintenance. Additionally, a claim may be filed even if the parent you are suing does not update his or her income or conceals assets — the court may order a thorough investigation of his or her financial status.

What is the Process of Proceedings in a Child Maintenance Claim?

The process of a maintenance claim in the Family Court is divided into main stages. First, a statement of claim is filed with the competent court along with initial evidence (birth certificates, divorce agreement if applicable, financial documents). Subsequently, a response is filed by the defendant parent, who may undertake to pay maintenance, object to the requested amount, or propose an alternative amount.

The next stage involves court proceedings in which both parties present their position, prove income (through wage slips, tax returns, bank statements, and the like), and emphasize the child's needs. The court may order a thorough financial investigation, a focus group examination, or even order a social report. At the conclusion of the proceedings, the court issues a judgment in which it determines the monthly maintenance amount, the terms, and any additional obligations.

It is important to note that this process may take anywhere from a few weeks (in simple cases) to many months (when there is significant dispute or concealment of income). Accordingly, it is essential to be prepared with all required documents and with experienced legal representation that will ensure the child's rights are fully protected.

Child Support Calculation — The Legal Formula

In Israel, child support calculation is based on a clear legal formula established by case law over many years. The basic formula is as follows: the court calculates the support amount as a percentage of the defendant parent's income, taking into account the number of children, the age of the children, the income of both parents, and any special needs of the children (if applicable).

Typically, the formula works as follows: if the defendant parent has higher income than the custodial parent, he or she will be obligated to pay child support. The support amount is usually calculated as 15% to 25% of the defendant parent's income, depending on the number of children. For example, for one child, the court may order payment of approximately 15%-17% of net monthly income; for two children, around 20%-22%; for three children and above, around 25% or more.

However, this formula is not rigid — the court considers additional factors, such as:

• Actual income: The court examines the income of both parents, including mortgages, prior support payments, medical expenses, and insurance.
• Child's special needs: If the child requires special education, medical treatment, educational activities, or other services, the court may order additional payment beyond the basic formula.
• Prior support obligations: If the defendant parent is already paying support for other children or a former spouse, the court will factor this into the calculation.
• Custody time: If the defendant parent spends substantial time with the children (such as on weekends and holidays), the court may reduce the support amount accordingly.
• Changes in circumstances: If either parent's income has changed significantly, or if the defendant parent's family has expanded, the court may modify the judgment.

Typical Amounts and Ranges

Child support amounts vary significantly based on the defendant parent's income and the number of children. In a typical example, if the defendant parent earns 15,000 shekels net monthly income and there is one child, the court may order payment of approximately 2,250 to 2,550 shekels per month. If there are two children, the amount may reach approximately 3,000 to 3,300 shekels; and for three children — approximately 3,750 to 4,500 shekels.

It is important to emphasize that these amounts are estimates only, and every case is unique. The court considers all relevant factors before determining the final amount.

Factors the Court Examines in Child Support Claims

Family court examines several important factors to determine the amount of child support and any other conditions related to the claim. Understanding these factors is essential if you are planning to file a claim or defending against such a claim.

Income of Both Parents

This is the central factor. The court examines the income of the defendant parent in particular — whether they are employed, self-employed, receive rental income, or earn passive income. The court requires proof of income, such as pay stubs from the past year, tax returns (income tax) from the past three years, bank statements, and the like. If the defendant parent conceals income or transfers assets, the court may order a thorough financial investigation or even an expert appraisal.

Similarly, the court examines the income of the custodial parent, but not to automatically reduce support — rather to understand the overall financial situation of the family and its ability to support itself.

The Child's Needs

The court examines the child's specific needs — food, clothing, housing, education, healthcare, and educational activities. If the child requires special education, medical treatment, or special activities (sports, arts, etc.), the court may order additional payment beyond the basic formula. Additionally, the court considers the standard of living the child was accustomed to before the parents' separation — if the family lived in high conditions, the court may order higher child support to maintain a similar standard.

Age of the Children

The age of the children affects the amount of child support. Young children (up to age 5) require more direct care and higher costs (daycare, childcare). School-age children (6-12) require education and activities. Teenagers (13-18) may have different needs and higher costs (trips, technology, higher education). The court takes all of these into account.

Custody Time and Relationship with the Defendant Parent

If the defendant parent spends significant time with the children (such as on weekends, during vacations, or under a joint custody arrangement), the court may reduce the amount of child support. The rationale is that if the parent participates in the direct maintenance of the children (food, lodging, clothing), he/she contributes in practice to their needs, and therefore the amount of child support may be lower.

Prior Support and Other Financial Obligations

If the defendant parent already pays child support to other children (from a previous relationship) or to a former spouse, the court will factor this into the calculation of the new support. Additionally, if the defendant parent has other legal obligations (such as taxes, municipal taxes, insurance, or a mortgage), the court may take this into consideration.

Marital Status of the Defendant Parent

If the defendant parent has remarried or has additional children, the court may consider this. However, this does not automatically mean that child support from the previous relationship will be lower — the court must ensure that the rights of all children are protected equally.

Comparison Table: Different Scenarios in Child Support Claims

Important Note: This table presents estimates only, in accordance with the basic formula. Each case is unique, and the court considers additional factors (special needs, prior alimony, medical expenses, etc.) before determining the final amount.