Agreements Regarding Maintenance / Child Support - עמיהוד בורוכוב, משרד עורכי דין

Can a father be sure that the issue of child maintenance is over for once and for all if he and the mother make an agreement which is authorized in court and she explicitly undertakes not to file for an increase ?

Maintenance / Child Support •Agreements Regarding Maintenance / Child Support

No ! Children are not parties to such an agreement and would not be bound by it. Accordingly, minor children are able to file their own, independent plea in the future.If filed, the court will decide on it according to its merits.
Agreements concerning children, whether they are about custody or maintenance , and even judgments on these subjects, are never viewed as ‘final’ or ‘closed’ in the eyes of Israeli law, because children’s needs and circumstances change.

What are the chances of appealing against a ‘compromise’ judgment made by a court in a maintenance case ?

Maintenance / Child Support •Agreements Regarding Maintenance / Child Support

Very slim. When parties agree that the court can resolve their dispute by way of a ‘compromise Judgment’ they are bound by their decision to choose this option. This means that, in principle, they are bound by it , despite its consequences. An appeal court will only interfere in a ‘compromise judgment’ in exceptional cases, where the finding was extremely unreasonable.

Can a father be sure that the issue of child maintenance is over for once and for all if he and the mother make an agreement which is authorized in court and she explicitly undertakes not to file for an increase ?

Maintenance / Child Support •Agreements Regarding Maintenance / Child Support

No ! Children are not parties to such an agreement and would not be bound by it.Accordingly, minor children are able to file their own, independent plea in the future.If filed, the court will decide on it according to its merits.
Agreements concerning children, whether they are about custody or maintenance , and even judgments on these subjects, are never viewed as ‘final’ or ‘closed’ in the eyes of Israeli law, because children’s needs and circumstances change.

What are the chances of appealing against a ‘compromise’ judgment made by a court in a maintenance case ?

Maintenance / Child Support •Agreements Regarding Maintenance / Child Support

Very slim. When parties agree that the court can resolve their dispute by way of a ‘compromise Judgment’ they are bound by their decision to choose this option. This means that, in principle, they are bound by it , despite its consequences. An appeal court will only interfere in a ‘compromise judgment’ in exceptional cases, where the finding was extremely unreasonable.

According to an agreement authorized by court nearly 20 years ago I have to pay my wife maintenance. We agreed to separate but remain formally married for the children’s sake, to avoid social stigma at the time. Our children have grown up now. Am I entitled to stop paying my wife maintenance now ?

Maintenance / Child Support •Agreements Regarding Maintenance / Child Support

No ! As long as the agreement has not been changed, or cancelled, then it is still in force and obliges the husband to continue paying his wife maintenance , according to the terms stated in it. This applies as long as the marriage exists formally and as long as the rabbinical court has not held that the wife is not entitled to maintenance.