Family Lawyer
Debt settlement alimony passed
Accumulation of debts is not a trivial matter, and it is very detrimental to lifestyle, both financially and emotionally. Not one, the list of debts also includes alimony debt, which the father owes to the mother for the children. When he cannot pay the debt, the father may be able to get a spread of past alimony debts. How? Read the article in front of you.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
What is alimony debt?
When separating spouses who have children in common, the payment of alimony, which is intended to meet the needs of the children, must be determined. Until the age of 6, this duty is imposed on the father only, and then the parents carry it together. The amount of alimony is determined in one of two ways: with the spouses’ consent enshrined in an alimony agreement or a comprehensive divorce agreement, or the absence of consent, by the Family Court or the Rabbinical Court as part of an alimony claim. In many cases, fathers run into financial difficulties and accumulate various debts, including alimony debt. When the father does not pay the alimony, the mother is faced with applying to the National Insurance Institute. She may open an enforcement case against the father and take action against him in various procedures such as foreclosures to collect child support.
Deployment of past alimony debts
In the case of an execution alimony debt, which the debtor cannot pay, he will be able to apply for the spread of the debt for payments. This is, in fact, a request for a capacity inquiry, which must be substantiated and backed up by documents attesting to the father’s financial situation. He will be summoned for questioning before the Registrar of Execution and, after his impression, will decide on the application. It should be emphasized that an application for the distribution of alimony debit is accepted in exceptional cases. The debt collection will leave the father without a minimum means of subsistence. This is because it is not a debt to an ordinary creditor but instead funds intended to support the debtor’s children. Therefore, the law stipulates that only when exceptional circumstances exist should the request be granted. It should be noted that until recently, the authority to spread past alimony debts was in the hands of the court, which involved a lengthy and expensive procedure for the debtor. Since the amendment made to the Execution Law in 2018, this authority has been in the hands of the Registrar of Execution, which significantly facilitates the debtor in need of debt deployment. It is also important to note that this procedure is only relevant for alimony debt in execution and not for alimony debt in Social Security.
