Israeli Court Rejects Father's Claim Disability Benefits Cover Child Support

A family court in Hadera recently ruled against a father who argued that his son's disability benefits should cover all child support and housing expenses. The father, who had never previously paid for his son's upkeep, claimed the National Insurance Institute's disability allowance was sufficient. Judge Einat Gilad Meshulam dismissed this argument, stating that disability benefits are intended for the child's special needs and medical expenses, not as a substitute for parental financial obligations.

The parents divorced in 2009 but continued a relationship, resulting in a son born in 2019. The child has been diagnosed with autism spectrum disorder and asthma. The couple separated definitively in April 2023, and the child has primarily lived with his mother since then, with the father seeing him only every two weeks.

The father claimed to be unemployed but had purchased expensive electronics for the child. He also admitted to not paying any temporary alimony previously ordered. The court estimated his monthly income at approximately 9,000 shekels, while the mother's income as a special education aide was set at 5,369 shekels. Consequently, the father was deemed responsible for 69% of the financial burden, compared to the mother's 31%.

While the mother sought 2,000 shekels in monthly alimony, the court reduced the child's needs to 1,400 shekels due to insufficient documentation. Deviating from standard calculations due to the significant difference in time spent with each parent, the court set the total monthly support, including housing, at 1,300 shekels, with the father responsible for the majority. A unique arrangement was established for the disability benefit: the mother will open a separate bank account for the child, from which special medical expenses will be paid. Any remaining funds will be used to offset the father's alimony payments, with the rest saved for the child's future.

Additionally, the father was ordered to pay the mother 400 shekels monthly for caregiving, acknowledging her primary role in raising the child with special needs. As both parents were represented by legal aid and their claims were only partially successful, no court costs were awarded.