Child support that was not paid: why waiting costs you

Many parents who are not receiving support wait. They hope payment will resume, they do not want to inflame the conflict, or they are simply tired. I understand that. But the support law has a rule worth knowing before you decide to wait.

The two-year rule

Under the Family Law Amendment (Maintenance) Law, support that no one began to collect within two years after the period it was awarded for can be collected only with the court's permission. In plain words: for a given month's unpaid support, if you have not opened a file within two years, you will need to ask for permission and explain why you waited.

A similar rule applies before there is a judgment. If a support claim is filed more than a year after the period it covers, the court may dismiss it for the delay alone, unless there was a reasonable cause for it.

Two ways to collect

• The Enforcement Office: you open a file on the support track, based on the judgment. This can be done without a lawyer.
• National Insurance: a woman or child resident in Israel who holds a support judgment and is not being paid can ask the National Insurance Institute to pay them, subject to an income test. The Institute then collects the money from the debtor.

The two routes do not run in parallel. According to National Insurance, you cannot receive support payments from it while collecting the monthly payments through the Enforcement Office. So it is worth checking first which route suits you.

What to do now

• Record every payment received, with its date and amount. Without a record it is hard to prove what is missing.
• Do not agree to discounts or delays orally. What was not approved does not change the judgment.
• Check whether you qualify for payment from National Insurance before opening a file.
• Do not let the debt build up beyond two years.

If you are the parent who pays

If your income has dropped, the way forward is to ask to update the support, not to stop paying. The debt keeps growing until the court changes the judgment.

If you hold a judgment that is not being honoured, tell me what was set and what was actually paid, and we will look together at the right way to collect, through the Enforcement Office or through National Insurance.

This article is general information, not legal advice. Every case is different, and the law changes from time to time. Before acting, it is worth taking advice on your own circumstances.