Business
His teachings and his art?
Not at the expense of child support
A divorced father tried to defend himself from a child support claim for his three-year-old minor son on the grounds that he is a student including that his teachings are his art and he does not make a living in a way that allows him to pay child support.
The court was not impressed by the allegations, and during the evidentiary phase, revelations were added that tipped the scales.
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religious
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David Rosenthal
Monday, 30 November 2020, 10:17
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AP, Reuters, Getty Images, Shutterstock
A recent ruling by Judge Hila Gurevitz Sheinfeld of the Haifa Family Court dealt with a father's unusual claims of low earnings because he was immersed in the world of Torah. The father was sued by his ex-wife to pay alimony to their minor son, who was less than a year old when they divorced.
One of the arguments of the defense was that he did not father of the child, however, rejected this claim by the court after it found, among other things, that this claim contradicts the version given by the father of the previous rabbinical court.
The main defense argument was that the father of the According to the mother's demand - he immersed himself in demanding studies at "Kollel Avrechim" and because in practice he is a yeshiva student whose teaching is his art, he does not have a regular job but earns a meager scholarship of NIS 1,200 a month and is assisted by financial support from his sisters.
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Is there an allowance of NIS 1,200?
Not exactly (illustration)
Adv. Daniel Friedenberg (Photo: Yael Cohen)
Adv. Ohad Hoffman (Photo: Yael Cohen)
But the court was not impressed by the allegations.
The father's interrogation revealed that he engaged in various and occasional works - also in the world of Torah: transporting rabbis and writing mezuzahs and scrolls as a scribe. The father did not know how to explain them. In another account of the father, cash was discovered that, although not large in volume, the judge ruled that their very existence refutes his version that he subsists on small sums of money. such amount will accrue savings "and added, appropriately, that" the explanation that this is a saving for the child is incompatible with the argument that the child is not in us. "
these discoveries have led the court to use his legal powers to determine the real earning capacity based on a consideration of the father The judicial opinion and he determined that his ability stands at a total of NIS 6,000 net per month (ie: 6 times the father's claims).
The court mentioned the well-known ruling of the Supreme Court, according to which every father has a duty to strive to the limit and do everything in his power to fulfill his obligations to his family, and emphasized that "this also applies to permanent yeshivas and students as fathers." the judge also cited a selection of sources expressed surprise that anyone who does not fulfill the obligation of providing for the family can sit and study the Torah, and explained in clear language that the burden of supporting the family is not lifted from his shoulders when he was hiding in the tent of Torah.
Attorney fan Hoffman and Daniel Friedberg, Ministry of Hoffman & Friedberg Those who specialize in family and inheritance matters explain that this is a clear and consistent ruling of the courts.
Over the years, a number of judgments have been handed down (most of which are even mentioned in Judge Gurevitz's judgment) which make it clear that a kollel student is not exempt from his obligations to his wife and children.
Even when the woman - in innocence and for religious reasons - volunteers to allow the study of the Torah while she takes the burden of earning a living on her shoulders, this does not release the father from his aforesaid duty.
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