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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
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