Joint Custody and Child Support — Does Joint Custody Exempt You from Paying Child Support? | Attorney Rozil Amir

Does Joint Custody Exempt You from Paying Child Support?

The question "Does joint custody exempt you from paying child support" is one of the most common questions that arise during divorce or separation proceedings in Israel. The legal answer is clear: No, joint custody does not exempt you from paying child support. These are two completely different concepts in family law, and each is handled separately in family court proceedings.

Joint custody refers to the arrangement of access and decision-making regarding children — who cares for the children, where they live, and who makes educational and medical decisions. Child support, on the other hand, is a financial payment intended to cover the child's needs (or spouse's needs) — food, housing, education, healthcare, and other necessities. These two operate in parallel, and maintaining joint custody does not change the obligation to pay child support.

Under Israeli family law, the family court addresses both issues separately. When parents divorce or separate, they must reach an agreement or obtain a court order regarding:

• Child custody — who cares for the children on different days, where they primarily live, and how important decisions are made
• Child support — how much money one parent must pay the other to support the children's needs

This distinction is critical because many parents mistakenly assume that if they have obtained joint custody or even sole custody, they are exempt from paying child support. This is not true. The prevailing case law in Israel makes a clear distinction between these two obligations.

What is the Relationship Between Custody and Child Support?

To understand why joint custody does not exempt you from paying child support, it is important to understand the different roles of these two concepts:

Custody — Who Cares for the Children?

Custody establishes the practical arrangement: where the children live, who is responsible for day-to-day care, who cares for them on different days and at different times. In joint custody, both parents care for the children alternately — for example, one week with one parent, one week with the other, or every Monday and Thursday with one parent and the rest of the days with the other. Joint custody reflects the court's desire to maintain a meaningful relationship between the children and both parents.

Child Support — What is the Money for the Child's Needs?

Child support is a financial payment intended to cover the child's needs regarding food, housing, education, healthcare, clothing, extracurricular activities, and more. Even if the child spends equal (or nearly equal) time with both parents, there is still a need for child support payments. The reason is that the child needs to be provided for in both homes, or there are expenses that are not divided equally.

The family court typically requires the parent with higher income to pay child support, even if custody is joint. The reason is that child support is not related to the time investment in caring for the child — it is related to the parent's financial ability to support the child's needs.

Why Does Joint Custody Not Exempt You from Paying Child Support?

There are several principal reasons why joint custody does not exempt you from paying child support:

1. A Child's Financial Needs Are Not Dependent on Time Spent

Even if the child spends equal time with both parents, his financial needs remain the same. He needs food, clothes, books, private lessons, medical treatments, and other necessities — whether he is with mother or father. Joint custody does not change the fact that the child requires financial support from both parents.

2. Expenses That Are Not Divided Equally

Even in a joint custody arrangement, there are expenses that are not divided equally. For example, if one parent pays school fees, medical examinations, classes, or special treatments, he may be left with larger costs. A predetermined child support payment helps ensure that the financial burden is divided fairly based on each parent's ability to pay.

3. Differences in Income

If one parent earns significantly more than the other, the court requires the higher-earning parent to contribute more to the child's needs — even if custody is joint. This is a principle of social justice: the child is not responsible for the fact that one of his parents earns more, so he is entitled to enjoy a reasonable standard of living even with the lower-earning parent.

4. Child Protection, Not Parent Protection

Israeli family law is designed to protect the child, not to protect the parents. Joint custody is an arrangement considered best for the child in terms of maintaining a relationship with both parents. However, from an economic perspective, the child requires full support from both parents, and child support payment is part of that support.

How Are Child Support Payments Calculated in Shared Custody?

The Family Court uses a specific formula to calculate child support, even when custody is shared. The formula takes into account many factors:

• Income of both parents — how much each parent earns per month
• Number of children — more children = higher child support
• Special expenses — medical treatments, special education, extracurricular activities
• Childcare expenses — if one parent pays for daycare or after-school care
• Custody arrangement — if custody is shared equally, this may affect the child support calculation, but does not eliminate it

Generally, the court calculates the child support amount based on the formula in the Maintenance Enforcement Law (1959), which establishes certain percentages of income according to the number of children. The formula is approximately as follows:

• One child: 20% of income
• Two children: 25% of income
• Three children: 30% of income
• And so on

However, these percentages are not fixed. The court may adjust them according to the circumstances of the case, including the amount of time the child spends with each parent. In shared custody, the court may reduce the child support amount somewhat (because one parent invests time and money in supporting the child), but it will not eliminate child support entirely.

Practical Examples: Shared Custody and Child Support in Practice

To better understand how shared custody and child support work together, here are some practical examples:

Example 1: Equal Shared Custody, Different Incomes

David and Hagar are divorcing. They have two children. They agree on shared custody: the children live with their mother (Hagar) in odd-numbered weeks and with their father (David) in even-numbered weeks. David earns 20,000 shekels per month, and Hagar earns 8,000 shekels per month. Despite the shared custody, the court will order David to pay child support to Hagar, because he earns significantly more. The child support amount will be calculated based on 25% of his income (because there are two children), which is approximately 5,000 shekels per month. Hagar will also pay a portion, but much smaller, because her income is lower.

Example 2: Shared Custody with Different Expenses

Oren and Nitzen are separating. They have one child who is 8 years old. They agree on shared custody: the child spends 3 days per week with Oren and 4 days with Nitzen. However, Nitzen pays for private school (5,000 shekels per month) and special medical treatment (1,500 shekels per month). The court may order Oren to pay child support despite the shared custody, to help Nitzen cover the special expenses. The child support amount may be lower than if custody were not shared (because Oren invests time), but it will still be significant.

Example 3: Shared Custody with Similar Incomes

Shlomi and Rachel are divorcing. They have three children. Both earn approximately 15,000 shekels per month. They agree on equal shared custody. Even though their incomes are similar, the court may still order one of them to pay child support to the other, because there are three children and the expenses are substantial. The child support amount may be lower than if custody were not shared, but it will not be eliminated entirely.

What Factors Can Affect the Amount of Child Support in Shared Custody?

It is important to understand that the table above presents general factors. Each case is unique, and the family court judge may consider additional factors not known in advance.