Israeli Family-Law Forum - Maintenance-Women

Below are readers' questions sent about 'Maintenance-Women', which we have chosen to answer. Further , and more detailed information on Israeli family law issues that relate to maintenance for women is found on our main site. To obtain the best results, run a search using relevant key words. Specific information can be found under 'Maintenance' and particularly at: http://www.family-laws.co.il/maintenance-women-married http://www.family-laws.co.il/maintenance-women-unmarried http://www.family-laws.co.il/maintenance-women-divorcee http://www.family-laws.co.il/maintenance-women-widow

Yes, you and your children would be entitled to financial support from husband if you separated. You would have to file for maintenance for yourself and the children at the family court,through a lawyer. By law he  has 15 days to respond. After he files his defence, you can apply for temporary support. You will need to file for custody and temporary custody, too.

 

In principle, yes, providing the court ruling bears the ‘Apostille seal’ proving its genuiness,  and the Shaa’ri (Moslem religious) court in Israel had jurisdiction to pass judgment, and did so according to law, and the ruling is final. However, you would be advised to check this out with a family law expert in Germany.

No! Your  husband has 10 days to file his response to your application for temporary maintenance. Afterwards, the court has discretion to award you temporary maintenance on the basis of the writing pleadings of both sides, without setting a hearing.

Yes!The fact that a husband files his wife for divorce does not, in itself, take away or reduce her right to maintenance from him so long as they remain married. Her right to financial support from him will only be affected,while they remain married, if he manages to prove one of the grounds recognised under Jewish law for cancelling it, or reducing it.

 

No - certainly not for starters! Parties to family court proceedings are obliged to include relevant evidence and documentation early on, in contrast to the procedure in ordinary civil cases,and failure to do so can mean that a plea for maintenance can be struck out straightaway. If your wife has not attached relevant evidence and documentation to the maintenance plea filed against you, then, as part of your defence, you should ask the court to strike out her plea on this basis. You may suceed, but the court has discretion to give your wife a chance to correct her plea, rather than strike it out immediately.
 
In a maintenance case before it in October 2008 (File 59460/07), Tel Aviv Family Court stressed that where a mother had not even attached a single receipt as proof of the children's expenses, or other vital documentation required, it would not hear the plea or set temporary maintenance for them or her. It exercised its discretion,however, and did not strike out the plea automatically, but gave the mother an opportunity to correct her mistake, and another 30 days to refile the maintenance plea.

14.06.09

At the family court. Sometimes, however, her path may be blocked, and jurisdiction over the issue may lie somewhere else. For example, if her husband has already filed her for divorce at the rabbinical court, and tied the issue of her maintenance to his plea.

Not if you are justified in leaving him , according to Jewish law. Only if you leave him without justification, will you lose your right to maintenance.

You would have little chance of success if you tried - you cannot recover money you paid voluntarily to help your daughter financially, when her own husband failed to provide her maintenance.

No! If you can prove adultery then according to Jewish law she will be a "rebellious" wife and will lose her right to maintenance during the marriage.

No! A wife is only entitled to maintenance from the time she filed for it.