The Chaos in Child Support Decisions in Cases of Joint Physical Custody: Critique of the Caselaw and of the Shifman Committee's Report

IDC Law Review, Volume 19, 2017

36 Pages Posted: 11 Jun 2017 Last revised: 17 Jul 2019

Date Written: March 22, 2017

Abstract

This paper examines child support in situations of shared physical custody, from the perspective of the existing law and the ideal law. This issue is part of a public debate following the Shifman Committee's recommendations, which also include replacing the rule of personal-religious law over child support with territorial uniform civil law.

Caselaw had concluded that shared physical custody entailing equal time spent with each parent, leads to reduction of 25% of the common level of support. There have been lot of variations and deviations from this principle in recent years. We identify three schools in the caselaw, led by the district courts of Te-Aviv, Haifa, and Center. We present and criticize these three schools in our paper.

The second part of the paper presents the Shifman Committee Report's conclusions and proposed formula, and points to some of what we view as its faults, primarily in cases of shared physical custody. We end by proposing a more suitable approach, acknowledging the developing trend of awarding shared physical custody even in cases of high conflict.

Keywords: family law, child support, Israel, Jewish law, civil law, gender

Suggested Citation

Halperin-Kaddari, Ruth and Horovitz, keren, The Chaos in Child Support Decisions in Cases of Joint Physical Custody: Critique of the Caselaw and of the Shifman Committee's Report (March 22, 2017). IDC Law Review, Volume 19, 2017, Available at SSRN: https://ssrn.com/abstract=2954488

Ruth Halperin-Kaddari (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

Keren Horovitz

Independent ( email )

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