The principle that underlies the idea of joint custody is the fact that the child is joint with both parents, and every parent is entitled to remain the parent of his child even after the day of divorce. Nowadays, there is a tendency to stop using the word ‘custody’ or ‘custodial parent’ because that word may create a sense of parent ownership of the child. And yes, there is a new approach of the court that strives for the joint custody of both parents, in cases where this is of course not precluded. The change in the perception of the concept of joint custody can be seen in several judgments,
Alimony in joint custody
In October 2012, the report of the committee for examining the issue of child support in Israel was published, and was called the report of the Shipman Committee. The committee recommended that the calculation of child support payments and the financial support that until today was under religious law, will now be determined according to civil law, and especially according to the financial capacity of both parents and the length of time the children stay with each. The question arises how is the alimony determined in a divorce agreement?
The calculation of the payment of alimony will be based on economic status of both parents, with the committee developing an almost exact formula for calculating the amount of alimony that will be imposed on the parents The overriding principle of the committee is that the financial responsibility for the children applies to both parents. The payments of the “halves”, the extra expenses and payments or after school classes, exceptional medical care, tutoring all of which to this day have been divided equally between the two parents, will also be divided in relation to their income..
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According to the committee’s conclusions, the same formula that the committee will develop, will suit most of the children of the State of Israel. In other, exceptional situations, for example in a situation where the child is disabled or needs special needs, this case will be brought before a judge for the purpose of calculating alimony.
It was also found that giving priority to one parent over the other by determining him as the custodial parent, gives that parent advantages in the ability to influence the children, in their attitude towards the other parent to the point of creating alienation between the children and the other parent. “hence, and as more and more parents are raising their children in joint custody, the court’s approach to paying alimony in joint custody has also changed as will be shown in the following article.
Payment of alimony in joint custody
Since there is no fixed alimony for each and every child, the court rules the alimony in each case on its own merits after examining all the relevant parameters. What parameters are involved? There are parameters related to the necessary needs of the child and the standard of living to which he is accustomed. For example, if the child was accustomed to a certain number of classes a week or to psychological treatments, the court will try to take this matter into account. A second parameter, related to parents and their financial ability. When the court comes to award alimony, it will examine the actual income of the father, his earning potential and whether he receives financial assistance from an external source and what is the amount. The court will examine assets which are in the possession of the father, and whether he is supporting another family. According to the new trend of the courts, the mother’s financial ability, earning potential and other parameters that have been examined by the father will also be examined for the mother .The calculation of alimony in joint custody will be different and more equal for both parents, since the court will calculate the alimony, assuming that both parents bear the child’s expenses equally, since he stays with both of them equally.
How are alimony fees calculated?
This question is a complex one. Since there is no law that determines the amount of alimony, the payment of alimony varies from child to child, from procedure to procedure, and from family to family. The amount of alimony payment in joint custody is completely different from the amount of alimony payment in partial custody or full custody of the mother. If in the past in any case the father would have pay the child support, regardless of the mother’s salary and income, then today things are completely different and the court can rule on the couple joint custody without child support at all. It is important to remember that over time the rules of the court change and progress, so it is advisable to consult a family lawyer for advice and guidance.
The amount of alimony
The amount of alimony can also vary in the event that the circumstances that existed on the day of the alimony judgment change. For example, when there is a change in the child custody situation, for instance, a situation where the children have moved from sole custody of the mother to joint custody of both parents, it is customary to reduce a certain amount of alimony, since increasing the child’s stay with the father means increasing the father’s expenses.
Child support in joint custody
The issue of child support is an important issue in the entire divorce process, and should not be taken lightly. Since today there is a development and change when it comes to alimony ruling, it is important that every couple who is facing divorce proceedings knows his and her rights. In general, it can be claimed that the payment of alimony in joint custody strives to be as equal as possible, towards both parents, but as stated, the court must weigh the full data that the couple presents to it, in order to rule on the adequate alimony in each case. Precisely for this reason, it is highly advisable to consult a lawyer who deals exclusively with family law, in order to gain a fair trial in the Family Court or the Rabbinical Court, and that the alimony that will be ruled will reflect the parties’ income, financial ability and children’s needs.
