Joint custody does not cancel child support: what really determines the amount?

When spouses separate, the argument over child support can quickly become one of the most sensitive and charged focal points in the process. Each parent now manages a separate household, expenses change, visitation times are redistributed, and sometimes there are very large gaps in income. Amidst all this, it is necessary to ensure that the children do not pay the price of the separation.

Advocate Eldor Levy Finkelstein, who specializes in family law, explains that the starting point for the courts is the child's best interest. One of the main goals is to maintain as much as possible the standard of living to which they were accustomed before the separation, and in cases where they divide their time between two homes, to reduce extreme gaps between the homes.

"The goal is not to put the child in the middle, in the gap between their parents," says Advocate Finkelstein. According to him, when in one home the child enjoys conditions significantly better than those waiting for them in the second home, they may prefer to spend more time there, even without understanding the reason for it. Child support payments may in some cases help create a balance and ensure that their needs are met in both homes.

Joint custody is not an automatic exemption from child support

One of the common assumptions among parents is that an equal division of visitation times automatically cancels the child support payment. However, according to Advocate Finkelstein, the reality is more complex.

"The short answer to the question of whether one must always pay child support is no, but it varies from family to family," he explains. "You need to check the income gaps between the parents and the actual division of visitation times. Many fathers think that if there is joint custody, there will automatically be no child support, and that is simply not true."

A ruling given by the Supreme Court in 2017 significantly changed the way child support is calculated for Jewish children over the age of 6. Since then, the obligation is not necessarily imposed only on the father. The courts examine the relative economic capabilities of both parents, the children's needs, and the visitation times in each of the homes.

In a situation where visitation times are equal and the parents' incomes are similar, it is possible that each parent will bear the children's expenses directly while they are with them and no fixed monthly payment will be required between the parents. Conversely, when there is a significant gap in income, a payment may be ordered even when the children spend equal time with each of the parents.

According to Advocate Finkelstein, the age of the children and the personal law applicable to the family also have significance. In Jewish law, there is a distinction between children who have not yet reached the age of 6 and older children. Therefore, according to him, one cannot be satisfied with slogans like "joint custody equals zero child support," and each family must be examined according to its circumstances.

Child support is much more than food and clothes

The term "child support" sometimes sounds as if it refers to an amount intended only for food, clothing, and daily needs. In practice, child support arrangements include several separate components, and the way they are phrased in the agreement may affect the parents for years.

The first component is basic child support, intended to cover current needs such as food, clothing, footwear, hygiene products, and other daily expenses.

The second component is housing and housing maintenance. Housing refers to the children's share in living costs, and housing maintenance includes expenses associated with the home. Here too, the obligation may change depending on the division of visitation times, the number of children, and the economic circumstances of the family.

The third component is usually called "halves." These are expenses that are not necessarily included in the fixed monthly payment, such as extracurricular activities, certain educational expenses, and medical treatments not covered by health insurance.

Despite the name, these expenses are not always divided equally. "In most cases, the division is half and half, but when there are very large income gaps, the court can also set a different ratio, such as 70 to 30 or 85 to 15," says Advocate Finkelstein.

According to him, it is important to define in the agreement precisely what is included in basic child support and what will be paid separately. He tells of a client who committed to paying basic child support, and in addition to bear half of the clothing expenses. In practice, that father paid twice for the same component. Once as part of the child support and once more as a separate expense.

"This is exactly the reason why you need to understand the subtleties before signing," he emphasizes.

Can an agreement that has already been signed be changed?

A child support agreement approved by the court receives the force of a judgment. Therefore, it cannot be changed just because one of the parents regrets it, believes in hindsight that the amount is too high, or feels that the arrangement is no longer fair.

However, when a material change of circumstances occurs, it is possible in appropriate cases to file a claim to change the child support amount. Such a change could be dismissal, a significant and unexpected decrease in income, a material change in visitation times, or new circumstances that significantly affect the children's needs or the parents' economic ability.

According to Advocate Finkelstein, this is a claim that is not simple. The court will first check if a significant change of circumstances has indeed occurred. Even if the answer is positive, the procedure does not necessarily open the entire divorce agreement again.

"The court examines the specific change and its effect on the child support," he explains. "It looks at what the parents agreed upon initially, at the income gaps, and at the division of visitation times, and then checks how the change affects the picture."

This means that not every change in salary or schedule will justify a reduction or increase in child support. It is required to show a real, significant, and relevant change to the established obligation.

The expensive mistake of a quick signature

During a separation period, many parents want to finish the process as quickly as possible. They are exhausted, fear legal expenses, and are sometimes willing to sign an agreement just to bring a little peace back to their lives.

However, the very desire to "get it over with" can create new disputes that will last for years. An unclear clause, a component that appears twice, or an expense that was not well defined can turn any payment to the school, doctor, or extracurricular activity into a new argument.

Advocate Finkelstein's message to those who are at the beginning of a divorce process is first of all to stop and breathe. Even when both sides want to reach an agreement and save a prolonged legal struggle, it is important to understand deeply what they are signing.

"I definitely advocate reaching agreements and not wasting money," he says. "But if you don't understand the subtleties of the agreement, disputes may arise later that will cost much more money. And that is exactly what you tried to prevent in the first place."

Parents' incomes, children's ages, their needs, and visitation times are part of a broad picture that changes from family to family. Therefore, there is no one formula that fits everyone. A thorough examination of the data and precise drafting of the agreements right at the beginning of the way can reduce disputes and create an arrangement that fits the family reality, and not just the moment the agreement was signed.

Finkelstein Law Firm is a family boutique firm, managed by Advocate Ronit Finkelstein - a notary with 33 years of experience - and her son, Advocate Eldor Finkelstein. The firm provides personal and direct accompaniment by the partners in the fields of family and inheritance law, execution and insolvency, and labor law, with an emphasis on high availability, personal attention, and legal solutions adapted to each client.

Article courtesy of ZAP Mishpati