For the first time, the court is handling a compulsive alimony refuser, and is following the 'case' even after the verdict, until it is fully implemented.<\/p>\r\n
The beginning of the affair: A contempt of court lawsuit was filed with the Tel Aviv Family Court by attorney Shadmi, with the aim of enforcing components of the Family Court's 2006 ruling, under which the husband was ordered to pay for the maintenance of the house.<\/p>\r\n
In the application, Attorney Shadmi claimed that although the couple separated and did not divorce, the couple still lives in the same property, with the husband trying to remove his ex-wife from the property in order to gain housing or compensation from the landowners. To this end, the plaintiff claimed that he is obstructing the separation of the electricity meters, and even the electricity supply, after the property has a debt of 16,000 NIS to the Electricity Company.<\/p>\r\n
As long as the debt is not paid, there will be no electricity supply, and by doing so, the husband hopes, according to the lawsuit, to remove his wife from the property.<\/p>\r\n
Attempt to exonerate oneself<\/strong><\/p>\r\n Tel Aviv Family Court Judge Erez Shani, in a pointed ruling, states that "the defendant's claim that he has no money is an attempt to exempt himself from paying the child support determined for him by the court. The court does not accept his claims and sees them as an attempt to exempt himself from fulfilling his legal obligations, and they are apparently ineffective against neither arrest warrants nor execution.".<\/p>\r\n The court criticizes the tricks of alimony debtors, which it says is not a new phenomenon in our districts, and explains the problems faced by those who owe alimony. Since in order to collect the debt, the woman had to resort to enforcement, a process that involves raising funds on her part.<\/p>\r\n The judge did reject the request for a contempt of court order, explaining that a contempt of court proceeding must pass a threshold of exhaustion of the enforcement proceedings, but he nevertheless ruled that although the plaintiff did not prove that she had exhausted the enforcement proceedings, it was necessary to ensure that the provisions of the judgment would be complied with and that the defendant would not be able to circumvent the judgment and, by refusing, attempt to remove the plaintiff and any of the children from the home.<\/p>\r\n In conclusion, an order was issued ordering the husband to repay the debt to the electric company within 5 days, and if he fails to do so, the court allows the enforcement authority to appoint a receiver for the defendant.<\/p>\r\n Accompanying the procedure<\/strong><\/p>\r\n \""A reasonable person would not deny electricity to his children provided he could expel their mother or prevent her from registering any rights to the land. The lack of good faith or turning a blind eye to the consequences of the defendant's actions is an unlawful act.".<\/p>\r\n Attorney Rafi Shadmi explains that the innovation in the ruling is in the way in which the Family Court follows the legal "procedure" even after a ruling has been issued for alimony and ensures, in appropriate cases, that the ruling is implemented "one by one.".<\/p>\r\n \""As is known, upon the issuance of a child support ruling, the burden of enforcement falls on the beneficiaries (usually the wife and children), and this task is not easy - to say the least, since in Israel there is a painful phenomenon of child support refusers.".<\/p>\r\n The enforcement procedures at the Enforcement Bureau and the Enforcement Authority are difficult, cumbersome, and require the beneficiaries to go through a great deal of trouble, time, financial expenses, and emotional distress. In many cases, the beneficiaries have difficulty enforcing the alimony judgments, as they are limited in their means anyway, especially in light of the financial hardship that deepens when the husband refuses to pay the alimony that has been awarded.<\/p>\r\n Not paying at first<\/strong><\/p>\r\n \""There are also those dealing with debtors who "ideologically" do not comply with the ruling and are ready for all the restrictions that will be imposed (bank accounts, driver's license, delay in leaving the country) and even to the point of imprisonment," says Shadmi, and qualifies that despite the precedent-setting ruling, it should not be assumed that the courts will routinely begin "handling" alimony debts, but the deterrence that comes with the additional right of access to court, even on the basis of a contempt of court order, will be useful "against" those debtors who have set themselves the goal of making the beneficiaries miserable.<\/p>\r\n \""There is definitely satisfaction here with Judge Shani's decision to allow the publication of his ruling, in light of the great importance of the ruling in deterring alimony refusers from these tricks," says Shadmi.<\/p>","protected":false},"excerpt":{"rendered":"Husband who hoped to evict his wife from property failed to pay debt to the electric company, let alone alimony payments \u2022 The court, for the first time, decided that in addition to his obligation to pay his debts, he would accompany the enforcement, and not leave it in the hands of entitled parties as usual","protected":false},"author":10,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[4],"tags":[360,4289,1136,8283],"class_list":["post-187358","post","type-post","status-publish","format-standard","hentry","category-4","tag-360","tag-4289","tag-1136","tag-8283"],"acf":[],"yoast_head":"\n