Reducing Child Support
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Claiming for reduction in the sum of child support
When a father initiates a procedure to reduce the sum of child support, he has to prove, with solid evidence, that circumstances have changed significantly after the sum was ruled and that this change is essential thus justifying the change in sum.
The courts have determined, in their many rulings, that the change must be significant and ongoing, it should get to the bottom of the charge or sum and that it should be unpredictable, i.e. cannot have been foreseen at the time of the judgment of child supports’ sum.
It has furthermore been ruled that, the party initiating the claim to reduce the sum must meet 3 accumulative conditions:
1) Prove that due to the significant change it would be unjust to leave the ruling as is.
2) The couple have left an opening for change of circumstances, be it explicate of general.
3) Prove that he/she is filing this clam in good faith.
An example of a case which may constitute a substantial change of circumstances, is fathering more children, which may lead to the reduction of the sum of child support, due to increased economic burden on the father who started a new family unit and has to support it too, at the same time.
That being said, it is important to note that, in the eyes of the court, the condition of “substantial change of circumstances” tacks place only if the man requesting has fathered more than one child.
Another case where reduction or even complete cancelation of payment of child support is “Parental alienation”/”Contact refusal”, i.e., a child regularly refuses to meet his father, with no good reason.
In a recent ruling given by Justice Asaf Zaguri it was determined that “where there is no connection between a minor and his/her parent and the court feels that continuing enforcement of the minor’s child support would be unjust, the court’s solution could be cancellation of the enforcement of the minor’s child support”.
In this specific ruling, the court cancelled the enforcement of the father to pay minor’s child support for his 16 year old daughter due to the fact that the court felt that the relationship between father and daughter was unrepairable.
So, when you come to file a claim to reduce the sum of child support, you must see that you meet all the different conditions determined in the rulings and law, due to the fact that the court will not reduce the sum of the minors’ child support just because “you feel” the sum is excessive.
Consult with a team of veteran and experienced lawyers in the field!
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