The Chief Rabbinate Council on Monday, 18 Kislev, met to discuss a matter that concerns both the nation’s batei din and secular courts, the focus of dispute between women’s and men’s organizations.
Even before the founding of the state in 1948, back in 1944, the Chief Rabbinate Council headed by Chief Rabbis Herzog and Uziel, adopted a regulation together with the approval of rabbonim of yishuvim around the country, to raise the age of child support imposed on a father from 6-years-old to the age of 15. The Chief Rabbinate felt it was appropriate to adjust the law according to the realities of the time.
Before the amended law, a father could only be compelled to support a child over 6-years-old according to laws of tzedaka, not under the law of child support enforced at the time by the British Mandate. Since the establishment of the state, there has been a dispute between dayanim in batei din and judges in secular courts if the amended law created a payment obligation solely on the father or if it simply compelled the child receive support, permitting the batei din and courts alike to compel one to make the required payments for the good of children over six. The question remains is woman with the financial capabilities should be compelled to share in the child support payments.
In 1980, the Chief Rabbinate of Israel amended the law again, extending it from 16 to 18-years-old. In 1986 the Chief Rabbinate once again ruled parents must support children until the age of 18.
Director-General of the nation’s batei din, Rabbi Shimon Yaakobi told Galei Tzahal (Army Radio) on Tuesday morning, 19 Kislev, that at present, the Chief Rabbinate Council is once again discussing this today amid a realization of the major change among many women in today’s society as compared to the era of the British Mandate. He spoke of the need for an updated interpretation of the law so that it is consistent with justice and equality.
Rav Yaakobi explained an updated interpretation of the regulation today will assist in adjudicating many divorce cases since a Family Court imposing high child support payments on a parent at times is reason for refusal to grant a bill of divorce and keeps a couple at odds for years.
The Council decided to accept the recommendation of Chief Rabbi Dovid Lau Shlita, determining that the child support will be based on considering the earnings and economic capabilities of both parents and not just the father as has been the case in the past.
(YWN – Israel Desk, Jerusalem)
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One Response
The halachah regarding child support is presented in Shulchan Aruch Even Ha-ezer as,
“Im lo etzli lo etain lo mezonos (If he does not live with me, I will not provide his support.” That is, if the male child is not living with his psychologically healthy, frum father, that father has no obligation to provide for his support. I would be surprised to learn that the rabbis ruling on child support ignored the detail of which parent has the physical custody of that male child. Halachah recognizes that though a boy less than three should live with his psychologically healthy, frum mother and must be supported by his father during those three years, once he reaches three, he should go live with his father.