Analysis by The Rackman Center used in groundbreaking

Analysis by The Rackman Center used in groundbreaking

Supreme Court Decision

A widely publicized decision by the Supreme Court this July, decided that child support payments should be adjusted equally between partners according to their income in a case of joint custody, rather than only be the father’s responsibility.

In making the decision, the Supreme Court referred to an academic article about Child Support, written by Prof Ruth Halperin-Kaddari, Adv Keren Horowitz and Adv Shay Zilberberg of The Rackman Center. In the article we presented examples of how even in cases of joint custody, it is necessary for the court to appoint one parent to be responsible for purchasing all the extras a child may need apart from living essentials. It is important for the child to know to whom he can ask for a new coat for the winter for example. It is therefore necessary for the other partner to also contribute to these expenses, relative to each parent’s income. We are proud to say that this concept as well as others were adopted in the courts final decision. We would like to emphasize though, that while this is being publicly declared as showing equality there are still 80,000 cases where the father pays no child support or in fact any support at all. We hope that this ruling will be a step towards improving this situation too, in the best interests of the children.

 As we commented to Haaretz Newspaper, “We welcome the ruling of the Supreme Court, which has finally introduced a certain order in determining rules for allocating the burden of child support in cases of joint physical custody,” the Center said. “The Supreme Court’s ruling ismisleading, as if to date divorced

women have not borne the burden of child support, and from today the burden will be distributed equitably: nothing is far from reality, and the Supreme Court says so explicitly. “We hope that thanks to the tools set by the Supreme Court, we will be able to combat the difficult social phenomenon of 80,000 cases of fathers who do not pay any child support or the extra necessary expenses.”

You can read about the ruling in the Jerusalem post



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