Former Spouse Does Not Pay Child Support: Bituah Leumi or Enforcement Proceedings
In Israel, Bituah Leumi may pay child support monthly in place of the debtor and then recover the money from the debtor itself. However, this is not an automatic substitution for the debt: payment depends on the recipient’s status and income, and, as a rule, ordinary collection proceedings cannot be pursued simultaneously through the Enforcement and Collection Authority.
- •18 years — the general age limit for a child
- •24 of 48 months — the debtor’s residency test
- •45 days — the period given to the debtor to arrange payments
- •2 collection routes — ordinary and child support
- •207 — the form number for a child support enforcement case
Two Routes Between Which You Must Choose
The first route is to apply to Bituah Leumi under the Alimony Law (Assurance of Payment). The second is to submit the child support judgment for enforcement to the Enforcement and Collection Authority. Bituah Leumi provides regular monthly payments when the conditions are met, whereas enforcement proceedings are intended to recover the amount awarded directly from the debtor. Generally, it is not possible to receive the benefit while simultaneously pursuing enforcement proceedings against the debtor: opening such proceedings may terminate Bituah Leumi payments. An exception applies to collection of the difference between the amount in the judgment and the amount paid by the agency.
When Bituah Leumi Pays Instead of a Former Spouse
The main condition is the existence of a child support judgment issued by a court or competent religious court and the debtor’s failure to make payments. The recipient and the child must be Israeli residents, and the debtor must have been a resident of the country on the date of the judgment or for at least 24 of the 48 months preceding that date. A woman’s entitlement to payment depends on her income; a high salary or other income taken into account may disqualify her from receiving the benefit. For these rules, a child is a person under 18 years of age, including an adopted child, as well as an adult child who is unable to support themselves. If the child lives with the father and the mother is required by the judgment to pay, the father may receive the payment for the child.
Why the Amount May Be Lower Than the Child Support Awarded in the Judgment
Bituah Leumi pays the lower of two amounts: the amount specified in the child support judgment or the amount established by the regulations. Therefore, switching to state payments does not guarantee payment of the full amount awarded by the court. If the agency subsequently recovers the full amount under the judgment from the debtor and it exceeds the benefit already paid, the difference will be transferred to the recipient. If the awarded child support is lower than the amount established by the regulations, the official website recommends checking eligibility for an income support supplement. Benefit payments begin on the date the application is submitted, so a delay may leave previous months outside Bituah Leumi’s current payments.
How Collection Through the Enforcement and Collection Authority Works
A child support judgment may be submitted for enforcement through either the ordinary route or the special child support route. Under the ordinary route, the creditor or the creditor’s lawyer manages the case; under the child support route, the Enforcement and Collection Authority takes the collection measures. For the special route, applicants complete an application to enforce a child support case—Form 207—a creditor questionnaire, and a declaration that the creditor is not Bituah Leumi. A lawyer with an electronic card may submit the documents through the personal account, while a person without representation may apply at a branch only by prior appointment. Appointments and instructions are available through the Authority’s information center at *35592.
What Happens to Current Payments and Accumulated Debt
After approving the application, Bituah Leumi sends the debtor a letter and requires the debtor to arrange current payments within 45 days: by setting up a standing order to the agency or by paying in another manner through the Enforcement and Collection Authority. If this does not happen, the debt is collected through enforcement proceedings. The months before the application was filed require separate review because the benefit is granted from the application date, while the court judgment itself may cover an earlier debt. A common mistake is to open an enforcement case independently while already receiving the benefit without clarifying whether the claim relates only to the permitted difference: this may result in termination of the payment. It is no less risky to wait for voluntary payment without documenting missed months and amounts received.
FAQ
Can child support be received from Bituah Leumi while also being collected through the Enforcement and Collection Authority?
As a rule, no: enforcement proceedings against the debtor result in termination of the benefit. Collection of the difference between the amount in the judgment and the amount paid by Bituah Leumi is permitted, but the purpose of the enforcement claim should be worded precisely.
Will Bituah Leumi pay the entire amount specified in the court judgment?
Not necessarily. The agency compares the amount in the judgment with the amount established by the regulations and pays the lower amount. If the full amount awarded is subsequently recovered from the debtor, the recipient will receive the corresponding difference in addition to the benefit already paid.
Can the benefit be received for the months before the application was submitted?
According to the published information, the benefit is paid from the date the application is submitted. Therefore, previously accumulated debt should be compared separately against the court judgment and the enforcement rules, without opening a parallel case before checking its effect on the benefit.
What should be done if the debtor is no longer an Israeli resident?
For Bituah Leumi payments, the debtor’s status on the date of the judgment or residency in Israel for at least 24 of the preceding 48 months is relevant. If the condition is not met, the official website recommends checking possible action through the Ministry of Justice’s state legal aid service.
Can a Bituah Leumi refusal of a child support benefit be appealed?
Yes. State legal aid may be obtained free of charge and without an income test to appeal a Bituah Leumi decision, provided there is a legal basis for the appeal.
What to do next
First, gather the child support judgment, the history of actual payments, and a month-by-month calculation of the shortfall, then compare the two routes: regular but limited payments from Bituah Leumi and direct collection of the entire awarded debt. Before opening an enforcement case, it is advisable to clarify in writing whether doing so will terminate a benefit already granted and how to arrange collection of the difference or earlier debt. Current forms and conditions should be checked on the official websites before filing.
Sources
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