Friday, April 13, 2007

Inequality in Child Support

Jewish religious law (MISHPAT IVRI) requires only the father to support his children, the mother is exempt. This rule applies in the secular Family Affairs court as well as the Religious Rabbinical court. This rule has been interpeted to apply only to the basic needs of the child, support for needs which are not considered to be basic are the responsibility of both parents if they can afford to provide non basic need to their children .
This rule violates Israel constitutional principle of the equality of all citizens regardless of their sex or religion.
The rule does not apply to persons who have no religious status. In such cases when a person has no personal religious status he has no personal law and the law that determines his responsibility for child support is para. 3 of the Law to Amend Family law which places the burden of child support on both parents.
This situation leads to Judicial absurdities.
Yacov is sued by Leah for child support for Reuven. The court decides that he must pay 1800 shekels a month for child support( MEZONOT LAYALIDIM)
Dimitri is sued by Olga for child support for Sasha.The financial situation of Dimitri and Olga is exactly the same as Reuven and Leah.However in this case the same judge in the same court rules that Dimitri will pay child support of 900 shekels a month.

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