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He ran into financial difficulties and asked to cancel the payment of alimony.

What did the rabbinical court decide?

The man claimed that he got off his property with debts of hundreds of thousands of shekels, while the woman was "married to Sofer Satam and earns in black."

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• Stores

• Fashion

• crisis

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Business

Tuesday, 02 March 2021, 12:27

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A fashion chain owner in his 40s who divorced his wife after 5 years of marriage, asked the Netanya Regional Rabbinical Court to cancel alimony for his daughters who are in joint custody, for a total of NIS 3,000 per month.

This, claiming that his business ran into financial difficulties because of the Corona and that following the crisis he sold the house and car, accumulated large debts to the banks and his credit card was canceled.

The man, who lives in the center of the country, claimed that he crashed financially and on his way to bankruptcy, owes about NIS 1.5 million, while his ex-wife remarried to a regular employee who earns a monthly salary in addition to a social security allowance. He even sent a private investigator who skated for about NIS 800 and managed to talk her into the institute's activities, when he claimed that his ex-wife waived the debts that lay on the business at the time of the divorce, which amounted to about NIS 650,000.

He claims that this is a change of circumstances, so justice cannot tolerate the possibility that the alimony and section (childhood expenses) will be left intact in such a way that the defendant will continue to maintain a standard of living while the plaintiff has degenerated into a loaf of bread.

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Is a business collapse enough to avoid paying alimony?

(Photo: Reuven Castro)

The woman's power came, the rabbinical claimant, Rabbi Elad Amsalem, claimed that the economic information the husband presented to the court was partial and without giving a complete picture of his financial situation.

He invented his business debts, but did not present account sheets, loans, deposits and savings, Form 106 and more.

In addition, he claimed that the alimony agreement was drafted with the consent of the couple when even then the husband claimed that the business was in debt of about NIS 650,000.

According to him, these are two minors whose mother earns a meager amount every month and her new husband receives a disability pension with child support debt for his children from his previous marriage.

Regarding the beauty salon, he claimed that she does not have an institute and only did skating for her brother-in-law and two friends.

According to her attorney, the woman's husband is not a scribe and added that the divorcee rented the business to his friend, so it does not make sense that the business is unprofitable.

The three judges of the court rejected the divorce's claims and left the alimony in the amount of NIS 3,000 a month intact, although in joint parenthood the High Court ruled that alimony should not be charged.

Rabbi Elad Amsalem (Photo: Yachz)

The judges accepted Rabbi Amsalem's claims and ruled that when the court seeks to examine the man's financial situation, it is not enough to prove difficulties in the business. It is necessary to examine the man's personal financial situation, since the man and his business are not one. In which, as its name implies, the owner's guarantee for its debts is limited, the company is an economic legal entity and is not identified as such with its owner.

The court required the man several times to present up-to-date current accounts, the state of savings and deposits, a general revaluation in the bank, but the man systematically avoided inventing them.

The judges noted that during the hearing, the divorcee was asked by the woman's attorney to present the balance of the current account, but in retrospect it became clear that his attempt to send the balance to the secretariat by email was unsuccessful.

It seems that the heavy task of sending documents to the court even if it does not succeed in a strong first that succeeds in the second, and even if the email pigeon does not do its mission neither in the first nor in the second and third, the plaintiff can open the box window and bother himself to the court. Although the court approached him following the plea of ​​the woman's attorney both during the hearing and in written decisions after it, twice, to provide him with evidence of his personal condition, a comprehensive evaluation of his accounts, this was not done until now, therefore the man did not prove The

judges added that the company is now renting to a friend, a puzzling claim due to the unprofitability of the business. The court ruled that although the man blames his collapse due to the corona plague, he says he does not earn half as much. A year before the filing of his lawsuit, we were the beginning of 2020, this date is early for the outbreak of the plague in the country, and certainly the amounts of debts he declares are not an immediate result of the crisis, but the fruit of previous years' failure to do so. Having a home cosmetics business and selling products cannot attest, without clear proof, to the conference

The constant and economic soundness.

Even sending her a researcher, for individual treatment for which a certain amount has been charged, does not indicate a thriving business with a regular and lucrative clientele.

Finally, as stated, the court rejected his claims and the amount of alimony for his daughters in the amount of NIS 3,000 per month remained the same.

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