Maintenance / Child Support

A: Yes! There is a substantial change in circumstances here, which justifies compensation, as determined by the Hadera Family Court in a similar case, on 8.1.25 (File # 65546-02-23). There, a mother’s request to compel the father to pay from his reserve service grant, (which he received as an addition) to the support monies of their minor son. The Family court there considered the extent of time the child spends with each parent,  as indicated by the documentation presented by the parties; the amount of the grant; the period of service; the age of the minor the cost of his care; the amount of child support paid; the assessment of the significance of the change in the burden-sharing rate and the assessment of the rate of additional expenses for which the mother was and is required’ the court ordered that the father, will pay 500 NIS for each month of reserve in which the regular stay times are not observed.

A: Your chances are good. The fact that your ex-husband does not spend time with the children because of him constitutes a substantial change in circumstances that may justify increasing the child support. For example, the Haifa District Court, in a decision dated 12.12.24, accepted the mother’s request, on appeal (Leave of Appeal # 9721-07-24), and increased the monthly temporary child support for two minors. In the above case, the father claimed that the mother was committing parental alienation, which caused him to stop seeing the children, but the District Court (on appeal) ruled that the claim of parental alienation had not been proven, that the children’s needs had increased, and that in view of their staying only with the mother, that this met the condition of a substantial change in circumstances. Therefore, the court ruled that there was a case (also in a decision regarding temporary child support) to increase the children’s monthly alimony.

A: 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.

A: 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.”

A: 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.

A: 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.

Yes, possibly. In a ruling from October 6^th, 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).

Yes! 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).

Yes! This is a notable change in circumstances, which justifies compensation as ruled by the Hadera Family Court in Hadera on January 8^th 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.

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 12^th, 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.