I got divorced in the early nineties. The district court authorized my divorce agreement and passed judgment. The divorce agreement contained a paragraph about me being entitled to compensation if my wife (now my ‘ ex’) broke her undertaking not to file for any increase in child maintenance , directly or indirectly. A bill of guarantee signed by two relatives of hers was incorporated into the judgment. My children have now filed me for more child maintenance. What can I do ?By: דיאנה שאלתיאל•Published on: 10 May, 2022
The trend is for family courts not to enforce compensation undertakings by a mother which were part of a divorce agreement. This is because the Supreme Court has granted mothers legal protection in so far as it will only enforce a mother’s undertaking to compensate the father for breach of their divorce agreement if she is well-established financially.
However, the situation is different regarding the undertakings of a third party who may act as a guarantor. While family courts, which were established in the mid-nineties, have had a policy of not authorizing guarantees given by third parties to compensate one of the sides for breach of a divorce agreement, they will enforce existing guarantees which have already have been authorized by a court and which have already become part of a divorce judgment. Accordingly, a father against whom action has been brought for increased maintenance in breach of the divorce agreement authorized by a district court , can act against a guarantor. He can ask the court to order the guarantor to be responsible for paying the amount equivalent to the additional financial obligation which may be placed on the father’s shoulders as a result of the plea filed against him by his children.