Parenting, Children and Support

Child support - Reviewing children's needs, parental capacity and practical support arrangements.

What does child support include?

Child support includes:

• Basic needs: food, clothing, footwear, housing (residence), and household maintenance

Measured needs: preschool, formal and informal education, medical treatments, extracurricular classes, and more

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

When is support not owed?

In cases of full joint custody, with equal parenting time and similar incomes – the court may rule that each parent bears the children's expenses during the time they are with them, without an obligation to pay ongoing support. That said, each case is examined according to its circumstances.

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).

At our office we represent both mothers and fathers, while safeguarding their rights and the best interests of the children.

Parental responsibility - Building practical arrangements for time, parental decisions and children's routine.

Parental Responsibility and Parenting Time Under Israeli Law – Important Information for Divorced Parents

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

At the same time, the parents must determine – themselves or through a court ruling – the living arrangements and parenting time of the children.

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.

That said, there is no uniform solution – and the court examines each case on its merits, placing emphasis on the best interest of the child, 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 a change in circumstances has occurred – such as a move, a change in health condition, or in the child's needs – a request can be filed to change the parenting time arrangements. This process requires professional legal advice.

Guardianship - Handling cases that require formal authority to make decisions for a minor or dependent person.

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 family member, friend, lawyer, etc.), 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 – insofar 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 there is no durable power of attorney in effect – their family members will be required to turn to the court with an application to appoint a guardian who will act on their behalf 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.

Entry into effect of the appointment – with a durable power of attorney this occurs upon the principal's loss of competence. By contrast, guardianship takes effect 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 – the durable power of attorney process is cheaper and faster, whereas the appointment of a guardian is a more complex process that sometimes requires witnesses, evidence, and the signing of affidavits.