Court Rules Equal Parenting Means No Child Support Payments

A family court in Kiryat Gat has dismissed a mother's claim for approximately 7,600 shekels per month in child support and housing expenses from her ex-husband. Judge Diana Passo-Vago ruled in favor of the father, citing the equal division of time the children spend with each parent and the equal earning capacities of both parties. Following the couple's separation, the children primarily lived with their mother. Initially, the father was ordered to pay 1,800 shekels monthly in temporary support, plus half the mortgage payments for housing.

However, the custody arrangement changed in January when a rabbinical court approved a shared custody agreement, with the children spending half their time with each parent. The father then requested the cancellation of child support, proposing each parent cover their children's expenses at home and split educational, medical, and national insurance costs equally. The mother sought about 5,000 shekels monthly for child support, 2,600 shekels for housing, and 70% of extraordinary educational and medical expenses. She claimed her income from a tattoo and nail business was only 3,500 shekels gross monthly, requiring financial help from her parents, and alleged her ex-husband, now a sales agent and taxi driver, was earning undeclared income.

The father countered that his ex-wife was concealing income from her home-based cosmetics business and that her earning potential was at least 15,000 shekels per month. Judge Passo-Vago rejected the mother's claims about the father's additional income, setting his net earnings at 10,000 shekels. However, considering his new sales role and other skills, she assessed his earning capacity for the proceedings at 14,100 shekels net.

The court determined the mother's reported income did not reflect her full financial capacity, noting that even by her own account of 2-3 clients daily at 120 shekels per treatment, her income could be significantly higher. The judge emphasized that the equal time-sharing arrangement allows the mother to increase her working hours and income. Her claims of medical limitations affecting her earning capacity were dismissed, with late-submitted medical documents excluded. The court also considered the financial support she receives from her parents and her purchase of the father's share of their former home. Her earning capacity was consequently set at the same net amount as the father's, 14,100 shekels.

Given the equal time-sharing and financial capacities, the court ruled that neither parent would be obligated to pay monthly child support. It was decided that child benefits, educational expenses, and extraordinary medical costs would be divided equally between them.