Maintenance / Child Support
Increase / Decrease of Maintenance / Child Support
Q: I have filed a claim for child support and a request for temporary child support. Unfortunately, the court set very low monthly temporary child support. Can I appeal its decision?
•Maintenance / Child SupportA: Yes! You must file a leave of appeal to the District Court, and detail your claims attaching supporting documentation. For example, in a Judgement dated January 8, 2025, the Tel Aviv District Court, (Appeal File # 21199-12-24) tripled the temporary monthly child support payments (1,000 NIS) that the Family Court (first instance) awarded the mother and accepted her appeal. The District Court ruled that there was no basis for the father’s claims that the low amount, was due to parental alienation, on the mother’s part, and even noted that the fact that the father, on his own initiative, before filing the lawsuit, paid 1,000 NIS per month for child support, does not constitute justification for ordering him to pay, such a low amount, even lower than what was determined in the caselaw (1,600 NIS per month), and when the child spends most of the time with the mother.
Q: Is it possible to reduce a father’s obligation to pay child support according to a divorce agreement that was signed between the parents due to a change in circumstances?
•Maintenance / Child SupportA: Yes. Each case will be examined by the Family Court, but it is recommended to file a claim to reduce child support when there is indeed a solid factual basis for the claim of circumstances changes. For instance, in a ruling issued on November 18, 2024, by the Family Court in Nof HaGalil-Nazareth (Family File No. 37654-05-22), the Father’s claim to reduce child support was rejected. It was determined that: “The father failed to prove all his claims – his income did not decrease and even increased, and his time spent with his children did not differ substantially from what was stipulated in the divorce agreement… In order to succeed in his claim, the plaintiff had to show such a substantial and unexpected difference, not only because it was an agreed judgment, but also because of the totality of the balances made in the agreement.”
Q: I have sole custody of my two minor children, aged 8 and 10, pursuant to a divorce agreement that was signed with my ex-husband two years ago and approved by the Family Court. Unfortunately, in the past month, there has been a deterioration in the emotional state of one of the children, which has led to a significant increase in monthly expenses for him (emotional therapy, therapeutic riding, etc.). Can I claim an increase in child support for him?
•Maintenance / Child SupportA: Yes! Court rulings or agreements regarding child support are not the end of the story. However, you must prove that this significant, real, and ongoing change was not taken into account when determining child support in the past. A negative change in a minor child’s emotional state constitutes a “substantial change of circumstances” that justifies an increase in child support. You will need to support your application with appropriate documentation regarding the child’s condition, a professional opinion, etc.
Q: Several years ago, my ex-wife and I signed a divorce agreement that was authorized as a judgment at the Family Court. Despite this, is it legally possible for me, to go to court and demand a reduction in the amount of monthly child support that I agreed to pay for the children in the agreement?
•Maintenance / Child SupportA: Yes! For this purpose, you must prove that there is a “substantial change in circumstances” that justifies a reduction in alimony, such as: a material (non-temporary) change in your income, a change in your time with the children, which could not have been foreseen at the time the agreement was drawn up/approved by the court.
I discovered that my ex-wife deceived me and didn’t tell me that our 19-year-old son moved in with his girlfriend almost a year ago. I kept on paying her child support payments, monthly. Can I get a refund?
•Maintenance / Child SupportYes, possibly. In a ruling from October 6th, 2024, the Family Court in the Krayot ordered the mother to refund the father for all the child support payments he made during a year for their daughter who moved in with her boyfriend a year before and no longer lived with her mother (Family Case # 61250-05-22).
According to the divorce agreement my ex-wife and I signed, I must pay my ex-wife monthly child maintenance for our daughter until she is 21. I have lately found out that my daughter of 19 today, has been living with her boyfriend for the past 6 months. I have filed an application to cancel these monthly child support payments. Do I have a chance to win this in Court?
•Maintenance / Child SupportYes! If your daughter no longer lives with your ex-wife (her mother), then it is likely that the Family Court will rule that you no longer have to pay child support, despite your divorce agreement. The Family Court in the Krayot gave a ruling in a similar case and cancelled the father’s obligation to pay child support to his daughter who moved in with her boyfriend and ruled that it was established and proven that the mother is no longer required to financially support the daughter’s needs (case # 61250-05-22).
My ex-husband and I have shared custody. Due to the war, he was drafted for reserve service and is hardly at home. Consequently, our 10-year-old son is living at my place all of the time. Can I ask the court to increase his monthly maintenance payments?
•Maintenance / Child Support
Yes! This is a notable change in circumstances, which justifies compensation as ruled by the Hadera Family Court in Hadera on January 8th 2025. The Court there found that considering the time that the child spends with the mother’ the length of the reserve service by the father, the age of the minor, and the change of circumstances that the father will add and pay to the mother for the child 500 NIS for every month of reserve service where no visitation of the father with the minor takes place.
The Family Court had previously ruled a certain monthly amount as child maintenance, for our 4 minor children and in agreement with my ex-husband. However, since then, my ex-husband, has stopped visiting the children, they spend all of their time, with me, and their needs have also grown. Consequently, I would like to increase the amount of maintenance and already ask to increase temporary maintenance. Do I have a chance in Court?
•Maintenance / Child Support
Yes! The fact that visitation time between the children and their father has ceased is a major change of circumstances, which justifies increasing child maintenance even temporarily (before final decision), as ruled in a similar situation by The District Court in Haifa on December 12th, 2024 (Leave of Appeal Case # 9721-07-24). There, the mother appealed the Family Court’s decision, and The District Court consequently tripled the temporary monthly payments of child maintenance that the Father was ordered to pay by The Family Court.
My husband and I are divorcing. We have an 8-year-old daughter. I have filed for child support and also for temporary child support, but the Family Court awarded a very small amount. Can I do something about it?
•Maintenance / Child SupportYes! You should file for a leave of appeal at the District Court and ask to cancel the Family Court’s interim decision. You should attach relevant documentation regarding your child monthly needs. For example, The District Court in Tel Aviv, tripled the temporary child support, that the Family Court awarded, and ruled that the father’s claims about parental alienation were not founded and that the fact that the father had previously paid the same low amount to the mother is not grounds for awarding such a low amount of temporary monthly child support (case # 21299-12-24)
After a long battle my husband, who lives apart from us, he was ordered to pay me maintenance for two children. Recently, one of them has had a lot of dental trouble and requires costly on-going treatment.The other needs private lessons as he has fallen behind at school . These issues were not mentioned in the court’s judgment. How can I get money from my him to cover these ?
Maintenance / Child Support •Increase / Decrease of Maintenance / Child Support* We hope you find our website useful and easy to use. Please note, however, that the information provided on it is not a substitute for personal legal counselling which is available upon payment.