Abstract
English Abstract: This paper addresses the obligation of parents to provide child support for children aged 6 to 15. The article distinguishes between two main questions: (a) the division of the burden between the parents, with reference to (i) the position of Jewish law, which is the one that dictates in Israel on this issue, and which has been interpreted to date as imposing a larger burden on fathers than on mothers, and (ii) to the argument of the fathers that there is no justification for adopting an unequal gender standard on this matter; and (b) the manner in which the burden imposed on each parent is exercised, including the method of calculation and the consideration of the amounts that each parent spends on the child directly when the child is with that parent. This question arises mainly, but not only, in cases of joint custody, or when the children spend significant amounts of time with both parents. The initial motivation for the article is a new ruling by the Israel Supreme Court, whose interpretation and application are causing a sharp controversy among academics and judges. Therefore, a significant part of the article deals with proposed guidelines for the implementation of the ruling. The article also contains a proposed outline for future legislation on the subject.
Translated title of the contribution | Child Support in Israel: : between Religious and Civil Law |
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Original language | Hebrew |
Pages (from-to) | 545-635 |
Number of pages | 90 |
Journal | מחקרי משפט |
Volume | 32 |
Issue number | 2 |
State | Published - 2020 |
IHP Publications
- ihp
- Alimony
- Charity
- Cost
- Custody of children
- Equality
- Income
- Jewish law
- Joint custody of children
- Judgments
- Law -- Interpretation and construction
- Mediation
- Parent and child (Law)
- גישור
- דמי מזונות
- הוצאות
- הורים וילדיהם -- היבטים משפטיים
- הכנסה
- משמורת ילדים (משפט)
- משפט עברי
- פסיקה (משפט)
- פרשנות (משפט)
- צדקה
- שוויון