question:
About two years ago, after long discussions, my ex-husband and I reached a divorce agreement in the family court, which also included the issue of child support. The court gave the agreement the force of a judgment. Recently, my ex-husband told me that he intends to file a lawsuit to reduce child support in the Rabbinical Court, since lower child support is set there, according to him. Does our agreement have no meaning?
answer:
Since a child support judgment was given in the Family Court, then to the extent that your ex-husband wants to reduce the support - he must file the claim with the court that approved the agreement. He is not entitled to file the claim with the Rabbinical Court, which, as you ask - does not discuss your case at all. I would like to point out that even though there is an agreement that has been given the force of a judgment, it is not a final judgment, and the court may find it appropriate to reduce the support if your ex-husband proves a real change in circumstances in his situation, compared to the situation at the time the agreement was signed. However, since this is an amount that you reached by agreement - the burden of proof imposed on him is relatively high.
question:
My husband recently filed a lawsuit against me in the Family Court to dissolve our partnership in the shared apartment, after informing me that he wants a divorce. I, on the other hand, think that we can restore our marriage. It is clear to me that if either of us leaves the apartment, it will be too late and there will be no way back. Is there no way to stop the dissolution of the partnership?
answer:
You can file a claim for marital peace with the Rabbinical Court - even if a property claim has been filed. You will have to convince the Rabbinical Court of the sincerity of the claim and that you indeed want marital peace and are willing to do what is necessary for this purpose, including counseling sessions. Generally, after filing this claim, the Rabbinical Court sends the parties for counseling in order to examine whether there is a chance of marriage. If it determines that there is no chance - there is a high chance that your claim will be rejected. In fact, your claims will be processed concurrently.
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