Children are entitled to child support from their father in any situation, according to personal law, even if the father's income is low, and even if their mother earns more than their father.
If a ruling is issued by the Regional Rabbinical Court or the Family Court requiring the father to pay child support to his minor children, but the father does not pay it, and the mother, for her part, is unable to collect it, it is important to know that Israeli law allows the mother to file a claim for child support from the minors' grandparents, that is, the father's parents and/or the mother's parents.
The relevant law, which deals with alimony rulings, states that a person is obligated to support his parents and his spouse's parents, his adult children and their spouses, his grandchildren, his own and his spouse's parents' parents, and his and his spouse's brothers and sisters.
The law states that grandparents will not be obligated to support their grandchildren unless three cumulative conditions are met:
(1) The grandparents may bear the maintenance of the grandchildren after satisfying the needs of both of them and their minor children, if any. If the grandparents do not have sufficient means to support themselves and/or their minor children (as many as they have) - they cannot be required to support their grandchildren as well.
(2) The grandchildren cannot support themselves from work, assets, or another source (such as child support). In the case of minors, of course they cannot work, and therefore, if the father does not pay child support, and the mother has no means - it can be said that they cannot support themselves. If the mother receives a child support allowance from the National Insurance Institute, then this allowance, if it is reasonable, can be considered an "other source.".
(3) The grandchildren cannot receive maintenance from their father, mother, or their parents' estate (if one or both of them have died). The mother must prove that it is indeed impossible to obtain payment from the father - not even through enforcement proceedings, and that she is unable to support them.
It is important to emphasize that in order to be able to collect any amount from the grandparents, a regular lawsuit must be filed - even if there is already a judgment against the father, and the plaintiffs must prove that the grandparents do indeed meet the three above-mentioned conditions. In particular, it must be proven that the mother did indeed try to collect money from the father - but was unsuccessful.
The more wealthy grandparents are, who still work and/or receive high incomes, and on the other hand - if the mother has no means to support her children - the greater the possibility of charging the grandparents some amount for their grandchildren, and vice versa. That is, if the grandparents are elderly and live on benefits or a low pension and if they have certain financial resources - the greater the possibility of the claim being rejected.
It is important to note that the legal obligation applies equally to both grandparents on both sides - both the paternal and maternal grandparents. Therefore, when a mother decides to file a lawsuit against the parents of her children's father, they can argue that the mother's parents should also be included in the lawsuit, especially if they have financial means.
Therefore, when a mother files a lawsuit only against the father's parents, she must take into account that there is a risk that her parents will also be added to the lawsuit, with all the implications that this entails, including their obligation to pay child support.
Nothing in this article is intended to replace individual legal advice, and each case must be examined on its own merits. Reliance on the information is the sole responsibility of the user.
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