Family Lawyer
What you need to know about child support for out-of-wedlock children
There are many children born out of wedlock in the State of Israel for a variety of reasons, including parents who are not married to each other but maintain a joint household and live as known to the public, as well as for reasons related to a temporary or new relationship.
However, in terms of alimony entitlement, whether a child was born as a result of a relationship that included marriage is irrelevant. Therefore, every child has the right to receive alimony from his parents irrespective of their relationship and their obligations to each other.
The obligation to pay alimony in accordance with the law and rulings
In Israeli law, the Family Law Amendment Law (Alimony), 59-1959 establishes the obligation to pay alimony. As per the law, the definition of “child” is independent of the marital status of the parents. As a result, if a mother wants alimony from her child’s father, she can submit a claim on his behalf.
The right to alimony is not even conditioned on the parents’ consent. In the event that the children are considered minors, the right resides with them and not with their parents. Therefore, even if the parents have signed an agreement waiving child support payments, the father will be obligated to continue to pay child support until the children reach the required age.
According to Israeli law today (as we will see later, the legal situation has changed through the ruling), the father is responsible for paying alimony. Consequently, the father is responsible for covering the basic needs of the child, including clothing, footwear, food, etc., and will be compensated by the alimony that he pays to the mother. Additionally, there may be special needs that must be met for a specific child due to a medical condition, disability, or special expense. As part of the father’s obligation to pay alimony to the mother, these needs are also included.
Prior to the ruling, the existing law was fully complied with. Therefore, the rule requiring the father to pay alimony imposed severe public criticism, as well as calls from many fathers to change the situation and create justice by dividing the financial burden more fairly. In 2017, the Supreme Court ruled in a precedent ruling that:The parents are both equally responsible for providing for their children aged 6-15, and the division of the responsibility is determined by their relative financial capabilities from all sources, including income from wages. Therefore, it may be possible that the father’s charge may be reduced in cases of joint physical custody. Alternatively, if the parents are financially stable, each parent may bear their own alimony״.
Upon the decision, the situation changed from full responsibility of the father to an equal distribution of alimony, and today, alimony payments are based on the age of the child.
The father retains complete responsibility for the child’s needs until the minor reaches the age of six, at which time the mother is required to contribute to the child’s expenses beyond his basic needs. The majority of parents divide equally the expenses that are not essential needs such as education, toys, vacations, classes, gifts, etc. The Jewish law treats alimony as a “charitable debt payment” after the child reaches 15. As a result, both parents continue to provide for their child, but the charge is divided proportionately based on their respective income levels.
A number of factors are taken into account when determining the amount of alimony that will be paid initially by the father and then by both parents together. A few of these factors include the income level of each parent, the living arrangements, and the custody of the child.
Child support does not depend on the relationship between the parents, therefore in the vast majority of cases, even if the child is born out of wedlock, he will be entitled to receive it. As a general rule, the courts tend not to make it easier for parents to pay child support, and a parent, especially a father, who is in a difficult financial situation will also be required to do so. It is only in exceptional circumstances that a child will not receive alimony from his or her father or mother, as indicated in the ruling, that alimony will not be paid when there is an abnormal disconnection between the child and his or her parent due to the child’s refusal to maintain the relationship (refusal of contact).
The payment of alimony to a woman who is not married
Whenever a child is born as a result of a relationship which does not include marriage or even without a relationship between the parents, the woman may submit a alimony claim along with a paternity claim. The defendant in such a lawsuit must undergo a tissue classification test (A DNA TEST) to determine whether he is the biological father of the child. This test looks for a match between the DNA of the defendant and the DNA of the child. This provides a reliable way to determine whether the defendant is the biological father of the child. In the event that a man refuses to undergo such a test, he is assumed to be rejected. In the event that the court determines that the defendant is indeed the father of the child, he will be required to pay alimony in accordance with the law and case law, regardless of the relationship between the defendant and the woman and regardless of whether or not the couple shares the same religion.
Despite being a minority position in Jewish law, it deserves to be heard: Rabbi Uziel argues that fathers' moral obligations toward his son are not absolved by this. According to Rabbi Uziel, the Usha regulation which requires Jewish fathers to support their minor children (Kitevutos, MT9, 2 - "Usha stipulates that a man ought to eat his sons and daughters when they are young") is essentially based on a moral reasoning which indicates that a father cannot shake his body outside of his loins, since this obligation applies to children born out of marriage as well. Additionally, a father has a responsibility to provide for his son's needs and shortages, as this son is indeed attributed to his mother, but this does not break his father's bond of parentage and his moral obligations towards him, and in his words - "after the regulation of Usha whose foundation is moral... and after the Usha regulation turns out to oblige the father who acknowledges his son for human reasons... and these reasons apply even if the sons are not referred to as his sons, but nonetheless they are still his children.
Payment of alimony when a woman is married to a man who is not her biological father
If there is a fear of bastards, i.e. the child was born while the woman was married to another man than the father, receiving alimony will be more challenging than if the woman is not married. A paternity test is not often approved in such situations to avoid declaring the minor a bastard, an important declaration in light of the position of Jewish Halacha in the State of Israel.
An outcome of such a test may be that the child’s legal father, i.e. his mother’s husband, is not his biological father. There is also a legal complexity associated with such an examination in addition to the family complexity. Even though the child is not the biological son of the mother’s husband, the court may determine that the alimony obligation should be imposed on the child’s legal father, i.e. his mother’s husband, even if it is not possible to prove who the biological father is.
Because of this complexity, the courts tend to be sensitive when it comes to cases involving a fear of bastards. It is possible, for example, that the court will not order the performance of a tissue classification test in order not to establish a formal recognition of the child as a bastard.
In Conclusion
Advice from an attorney regarding the payment of alimony to children born outside of marriage
In the case of a child born out of wedlock, alimony can be a sensitive and complex issue.
A lawyer who specializes in family law and divorce is recommended in order to facilitate the administration of the proceeding, to exhaust all parties’ rights, and to achieve the best results as quickly and efficiently as possible.
Mor & Co.’s family law department has extensive experience in this area of law. Our firm handles complex family law cases and represents and litigates in court.
Having years of experience in family law, we are dedicated to doing our best and making our expertise available to our clients, all while maintaining and being careful in all matters related to the legal process and respecting your interests. You are welcome to contact us by phone for legal advice on matters related to alimony and the welfare of the minor:
Number: 02-595-3322
You can also reach us via WhatsApp at 050-811-6181
