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One of the most intriguing topics of interest to spouses who are about to divorce concerns the question of how much alimony they are likely to pay after divorce.
This question is impossible to answer unequivocally, but there are certainly some indications that make it possible to try to estimate what the general direction of the amount will be.
"When trying to estimate the amount of alimony the parents will pay, there are differences between the Family Court and the Rabbinical Court," says attorney Aryeh Lerner, who specializes in family law and represents many spouses facing divorce. the children".
The father carries necessary alimony until the age of 6
According to Advocate Lerner, according to the ruling fathers of children up to the age of 6 are still required to bear the payment of their necessary alimony, even after the Supreme Court ruling established equal payment of alimony to parents in joint custody who earn similar salaries (Ltd. 919/15).
What is the amount of necessary alimony that fathers are required to bear?
"It is difficult to say, but in the past these expenses were estimated by the courts at NIS 1,200 to 1,600," says Attorney Lerner.
"In rabbinical courts, the amounts are usually lower," continues Advocate Lerner.
According to him, as a result, fathers' extended stays with their children are sometimes required for lower alimony for children under the age of 6. "The smaller the pay gap between parents, the more fathers may benefit from a more substantial reduction in alimony."
When the child enlists, the payment drops dramatically
With regard to children aged 6-18, the Supreme Court ruled several years ago (Ltd. 919/15) an equal distribution of child support payments.
"Roughly speaking, it can be said that family courts estimate the basic needs of each child for the payment of alimony at about NIS 1,500 to NIS 2,250," says Attorney Lerner. It should be noted that according to the ruling, the more than one child, the amount determined by the number of children should not be doubled, but by a lower amount. NIS 8,000, but for a lower amount, "emphasizes Adv. Lerner.
Even after children reach the age of 18 and enlist in the army, alimony must be paid for them, albeit in a lower amount.
In such cases, the amount of alimony is significantly reduced and decreases to about 30% of the amount that was previously.
However, it is difficult to set rivets for this matter and in some cases alimony does not stop for this period at all.
It should be noted that additional significant payments must be added to the amount of alimony, headed by a section.
The intention is to pay the relative share of the child in the rent in which he lives.
In most cases, it is customary to calculate the cost of the section for one child based on a payment of 30% of the average cost of an apartment in his area of residence.
It should be emphasized that the greater the number of children, the higher this rate.
Sometimes, when the parents' length of stay is equal (and so is their income) and the child is over the age of 6, the family courts will not rule at all, according to the new law.
Rabbinical courts: The calculation is made until the age of 18
In the rabbinical courts, the distribution is not made until age 6 and beyond, and the amount of alimony for each child is set until age 18. "In principle, the basic amount of alimony that reflects the needs of each child is usually lower and is determined in the rabbinical court at NIS 700 NIS 1,400, "says Adv. Lerner.
It should be noted that the rabbinical court may also make a reduction of this amount according to the division of the time of stay between the parents.
In addition, it may deduct from the amount of alimony a certain portion under a charity law.
This is the case, for example, if the parents' salary is similar or the mother earns more.
Reach out-of-court agreements
So far we have presented roughly some of the rules that are customary in the Family Court and the Rabbinical Court regarding the payment of alimony.
However, for those who want to take their fate into their own hands and not be dependent on one judge or another, it is advisable to reach an agreement on the amount of alimony outside the walls of the court, for example in mediation.
"This way you can reach a divorce agreement that will settle all the disputed issues, including the issue of alimony," says Attorney Lerner. In a higher amount than expected), but will also save you quite a bit of time and money on managing an ugly divorce battle, which will also charge you a mental price.
Are you about to divorce? Need the representation of a skilled lawyer with extensive experience in the field? Contact Adv. Arie Lerner, who specializes in family and inheritance law, or call 077-2305061
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