Child Support in Joint Custody | Attorney Rozil Amir

Child Support in Joint Custody — The Legal Basis

Joint custody is an arrangement in which both parents care for the child or children in equal or nearly equal periods, typically following divorce or separation. However, joint custody does not necessarily mean that child support will be divided equally between the parents. Child support in joint custody is calculated in accordance with the Maintenance Law, based on income, economic capacity, the child's needs, and other factors.

In Israel, child support is a legal right of the child — not of the receiving parent. Both parents, whether they have joint custody or sole custody, are obligated to contribute to the child's maintenance in accordance with their economic capacity. This is derived from the Maintenance Law (Children's Expenses), the regulations, and the guidelines of the Family Court.

In the context of joint custody, a question often arises: should child support be lower because each parent spends money on the child when they have them? The legal answer is not necessarily. The court examines actual income, shared expenses (health insurance, education, activities), and the child's overall needs.

What is Child Support?

Child support is a sum of money that one parent pays to the other in order to cover part of the child's living expenses, education, healthcare, and upbringing. It differs from spousal support (husband or wife) and from support for elderly parents. Child support is statutory — that is, it is mandated by law and cannot be a 'choice'.

The Maintenance Law provides that each parent must support their child until age 18 (or until completion of secondary education, if later), and under certain conditions until age 21 if the child returns to studies after military service or work. When calculating child support, the court or appropriate authority examines:

• Both parents' income — wages, self-employment, dividends, other income
• The percentage of direct care contribution — how much time the child spends with each parent
• The child's needs — age, health status, level of education, social environment
• Shared expenses — health insurance, private school (if applicable), special medical treatments
• Previous standard of living — the standard of living the child was accustomed to before the separation
• Special needs — disabilities, unique educational needs, treatments

Child Support in Joint Custody — What's the Difference?

When custody is joint, both parents pay direct expenses when the child is with them (food, clothing, small activities). However, large shared expenses — such as health insurance, school, dental treatments, psychological treatments — must be divided between the parents in accordance with their relative economic contribution.

Typically, the court sets a basic child support amount (usually lower than in sole custody), as well as an arrangement for dividing additional expenses. For example: if the father's income is 15,000 shekels and the mother's income is 10,000 shekels, the father pays 60% of additional expenses and the mother pays 40%.

Joint custody does not mean 'no child support' — this is a common mistake. Joint custody means the child spends roughly equal time with both parents, but this does not eliminate the economic obligation to support the child.

Calculating Child Support in Shared Custody — The Legal Formula

Family courts in Israel use a formula based on guidelines published by the legal authorities in recent years. The formula is not entirely rigid, but it provides a framework:

Basic Child Support = (Income of Higher-Earning Parent − Income of Second Parent) × Percentage × Custody Coefficient

The custody coefficient in shared custody typically ranges between 0.5 and 0.8 (compared to 1.0 in sole custody), depending on the actual sharing of direct expenses by both parents.

For example: If a father earns 20,000 shekels and the mother earns 8,000 shekels, the difference is 12,000 shekels. In calculating child support in shared custody, the court typically determines support of approximately 25–35% of this difference (compared to 40–50% in sole custody), while considering additional factors.

Factors Affecting the Calculation

• Child's age — Younger children require more clothing and consumable equipment; teenagers may be more expensive (activities, mobile phone, clothing)
• Number of children — A family with three children requires greater expenses than a family with one child
• Educational choices — Public school versus private school; special courses; private lessons
• Special medical needs — If a child has a chronic illness, requires treatment, or has disabilities, expenses may be substantial
• Previous standard of living — The court attempts to maintain a standard of living similar to that which the child was accustomed to
• Actual economic capacity — The court examines not only formal income but also assets, actual expenses, and debts

Shared Expenses — Beyond Basic Child Support

In shared custody, an arrangement is often established for dividing additional expenses not included in basic child support:

The division of additional expenses is not necessarily equal. The court considers the relative economic contribution of each parent and often determines that the higher-earning parent pays a greater percentage.

Common Scenarios and Legal Treatment

Scenario 1: Equal Shared Custody, Different Incomes

A father and mother share joint custody (three nights with father, four with mother). Father's income: 25,000 NIS; mother's income: 12,000 NIS. The two children (daughters aged 8 and 11) have similar basic needs.

The court may determine: the father pays basic child support of approximately 1,500–1,800 NIS per month for both children (roughly 20–25% of the income difference, taking into account the shared custody arrangement). Additionally, the father and mother share health insurance (50/50) and medical treatments (according to proportional contribution). If the daughters attend private school, the father pays 65% of the costs and the mother pays 35%.

Scenario 2: Shared Custody, But One Parent Works Much More

A father and mother share joint custody, but the father works abroad 80% of the time while the mother is in the city all the time. Although the arrangement is shared on paper, in practice the mother spends significantly more money on the child (treatments, activities, transportation).

The court may determine higher child support for the father, taking into account that the mother bears a substantially greater actual economic burden. Alternatively, the arrangement for shared expenses may be such that the father pays a higher percentage of shared expenses.

Scenario 3: Shared Custody, But One Parent Earns Much More

A father with income of 50,000 NIS (wealthy entrepreneur); a mother with income of 9,000 NIS (employee). Shared custody. The court will determine substantial child support for the father, because the income difference is very significant, and the child is entitled to an appropriate standard of living.

Additionally, the father may be responsible for a significantly large portion of additional expenses (private school, treatments, outings), because his economic capacity is very substantial.

Scenario 4: Shared Custody, But One Parent Does Not Work

A mother who is on maternity leave or working part-time (3,000 NIS per month); a father working in permanent employment (18,000 NIS). Shared custody. The court will determine substantial child support for the father, because the mother's income is very low, and even though she invests considerable time in the children, she cannot support herself economically.

Additionally, the mother may be entitled to spousal support (if they are married or in a stable relationship) — this is a completely separate consideration from child support.

Rights and Legal Protection

Rights of the Parent Receiving Maintenance

• Receipt of fixed maintenance — a monthly sum paid consistently, usually on a fixed date
• Update of maintenance — if circumstances change (income, custody, needs), there is a right to file a request for modification
• Legal enforcement — if the parent does not pay, a lawsuit can be filed in court for enforcement
• Fines and interest — if there is a delay in payment, the court may impose interest and fines
• Right to receive financial information — right to demand full disclosure of income and assets from the other parent

Rights of the Parent Paying Maintenance

• Tax deduction — generally, child maintenance payments are not tax-deductible (unlike spousal maintenance)
• Recognition of economic contribution — the court recognizes the fact that a parent pays maintenance, and this may affect asset division or other divorce-related matters
• Right to request modification — if income decreases or circumstances change, there is a right to file a request for reduction of maintenance
• Right to share in joint expenses — only expenses determined in an agreement or court order should be shared

Enforcement of Maintenance — What Happens When Payment is Not Made?

Unfortunately, there are cases where a parent refuses or delays payment of maintenance. This harms the child and also the receiving parent. In Israel, there are strong legal methods for enforcement:

• Legal notice — our attorney sends a formal notice to the obligated parent, reminding them of their legal obligation
• Court application — filing a request for an enforcement order, so funds are collected from wages or assets
• Enforcement — the court may order direct deduction from the obligated parent's salary (wage deduction order)
• Fines and interest — if there is intentional delay, the court may impose fines or interest on the amount
• Contempt of court — in serious cases of ignoring a court order, imprisonment may be possible (imprisonment for debt)
• Application to the tax authority — in certain cases, economic pressure can be applied through the tax authority

In our practice, most cases are resolved through legal notice and negotiation. However, if the parent insists, we do not hesitate to take strong legal steps in the best interest of the child.