Parenting, Children and Support

Child support: examining the children's needs, the parents' means and the practical framework for arranging payment and support.

What does child support include?

Child support includes:

• Basic needs: food, clothing, footwear, housing (accommodation) and the upkeep of the home
• Measured needs: preschool, formal and informal education, medical treatments, activities and more

Exceptional expenses: holidays, special equipment, glasses, dental treatment and so on, usually divided between the parents according to financial ability

Exceptional expenses: vacations, special equipment, eyeglasses, dental treatments, etc., usually divided between the parents according to financial ability

In cases of full joint custody, with equal parenting time and similar incomes, the court may rule that each parent will bear the children's expenses while they are staying with that parent, without an obligation to pay ongoing support. Even so, every case is examined according to its own circumstances.

A support claim: what is important to know?

A support claim: what is important to know?

A child support claim can be filed in the Family Court or in the Rabbinical Court (depending on where the first proceeding was opened).

Parental responsibility: forming practical arrangements for parenting time, parental decisions and the children's routine.

Parental responsibility and parenting time under the law in Israel: important information for divorced parents

The law in Israel provides that even after the separation, both parents continue to bear joint parental responsibility, that is, they share in making important decisions about the children's lives: health, education, religion and welfare.

At the same time, the parents must set, themselves or through a judgment, the children's living arrangements and parenting time.

Case law in Israel has in recent years been advancing toward a more equal division of parenting time, especially when it concerns school-age children, and in cases where both parents are able and wish to take an active part in raising their children.

Even so, there is no uniform solution, and the court examines each case on its merits, with emphasis on the child's welfare, the child's emotional stability and the parental functioning of each of the parties.

What is the difference between custody and parental responsibility?

Parental responsibility refers to substantive decisions about the child, regardless of where the child lives. Custody concerns the division of living time. Today the legal emphasis is on joint parental responsibility, even when there is an unequal division of living arrangements.

Can parenting time be changed after it has been set?

Certainly. If there has been a change in circumstances, such as a move to another home, a change in health or in the child's needs, a request can be filed to change the parenting-time arrangements. This proceeding calls for professional legal advice.

Guardianship: handling cases where decision-making authority needs to be arranged for a minor or for a person who requires it.

What is a durable power of attorney?

A durable power of attorney is an innovative legal document that allows any competent person to appoint an attorney-in-fact on their behalf (a relative, a friend, a lawyer and so on), who will be able to make decisions in their name when they lose their competence, without the need to appoint a guardian in court.

The power of attorney may include:

• Personal matters (welfare, residence, medical care)
• Property matters (managing accounts, assets, payments)
• Medical matters, so long as there are no other advance directives

A durable power of attorney may be drawn up only before a lawyer certified by the Ministry of Justice, and is conditional upon the principal's understanding of its meaning and implications.

And what is guardianship?

When a person is no longer competent, and no durable power of attorney is in force, their family members will need to apply to the court for the appointment of a guardian to act in their name and in their place.

The guardian may be:

• A family member
• A close friend
• A professional (lawyer, social worker)

The appointment is made with the approval of the court and under the close supervision of the Administrator General.

Advantages of a durable power of attorney over guardianship

With a durable power of attorney, the choice of the attorney-in-fact is made according to the person's own choice (the principal); by contrast, the appointment of a guardian is made according to the court's decision.

When the appointment takes effect: with a durable power of attorney this happens when the principal loses competence. Guardianship, by contrast, comes only after a judicial decision.

The matter of supervision in a durable power of attorney is reduced (periodic reporting only); by contrast, in guardianship, this is done under close supervision of the state.

Costs and time: a durable power of attorney involves lower costs and less time, whereas appointing a guardian is a more complex proceeding that sometimes requires witnesses, evidence and signed affidavits.