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On 5 June 2006, established Haim Ramon, the justice minister at the time, a committee ipath headed by Pro-Shipman, [Professor (retired) of the Faculty of Law at the Hebrew University of Jerusalem], to examine how the charge of parents in child support. In October 2012 Shipman Committee published its recommendations submitted ipath Jacoby trustee, current Minister of Justice, and which show unequivocal conclusion and broad reform that positively both parents child support, especially the charge that applies to the non-custodial parent.
A priority for the Commission Shipman was necessary to lead responsibility for the country to install a legal norm adequate financial support for children, ipath a desire to encourage shared parenting, which has, on the recommendation of the Committee Schnitt cancel the lease early childhood, to serve the best interests of the child, that he would win conditions Family ipath Economic similar even when he was with the custodial parent and when it is in the non-custodial parent. This raises the question and that is whether Shipman Commission report brings positive news for fathers liable for child support?
Please note the current norm of seeing children given the mother custody almost ipath automatically by virtue of the presumption of early childhood and compulsory ipath support the children lying on Judaism, Christianity and Islam on the father. In fact, child support stops under the provisions of Section 3 to the Greater Family Law Amendment (Maintenance) Law, 1959, which is worded as follows:
The personal law is the religious affiliation of the person, and according to the religions mentioned above, compulsory fees alimony and child support rests with the man for the reason that according to the division of roles in the family in ancient times, the woman was in charge of managing the home and raising children and providing for the entire family lay on the man.
Social situation nowadays different than before and the main occupation of women today no longer as housewives. Women are developing careers, work outside the home, are of economic independence, the introduction has reduced most of the manual housework done by women in the past and the men do the queens ipath house and taking care of a lot more than before. But a man's ipath commitment to support the woman to bear especially support the children remained.
As a result, Israeli law today is that most fathers are required to pay a significant portion of their income to support the children and sometimes even their full income and, thus damaged the vital connection between father and child, which essentially meant to serve the child's best interest, as we shall explain below. And which the boy long intensifies when the father is unable to pay the full child support awarded to him and whether chasing him around curves and commands in prison.
Shipman Committee examined models of charge foods in different legal systems, including international law, English law, Australian law, Canadian law and American law. Finally, the proposal submitted by the Commission Shipman amendment was based mainly on the Australian model, whereby the non-custodial parent must at 18% backed disposable income for one child at a rate exceeding the number of children to the maximum threshold of 25% of disposable income height. Note, that the disposable income is the amount which remains in the hands of the other parent to guarantee the existence of the self and dependents. According to Australian ipath law there is also consideration of the costs of the existence of the non-custodial parent to chargeback foods when income does not meet the minimum income standard of standing law.
Foods charge will apply to any person regardless of their religious affiliation when determining the height of foods that would require the non-custodial parent will by the Registrar only in special cases when there are allegations of special circumstances brought to this decision of a judge in family court. The Committee also recommends that activate the formula foods until children reach the age of 21.
Disappear when placed in the formula ipath will be primarily child's needs, the disposable income of each parent and the child's level of presence in the non-custodial parent. The Commission also emphasized that the formula for alimony will be simple, easy and convenient operation, and it will prevent prolonged litigation between the parents ipath and the amount of food, and thus will save valuable judicial time.
If we will deepen the general norm in Israeli Family Law is the principle of the best interests of the child is the principle on which supersedes any other principle of family and seems to think that the principle ipath of the best interests of the child born in legislation or case law in Israel, or maybe it is the principle which is sucked from other legal systems in the world. But neither this case because the flag had already archaic principle of Jewish law on the welfare of the child principle will suffice one major example of this.
The beginning of the Fifth Commandment of the Ten Commandments says, "Honor your father and mother" and there is no doubt that according to the sages is very important Mitzvah., But if need be the second part of the commandment which says: "For Iarichon your name" we commandment of honoring parents is commanded which mainly comes protect the interests of the child that if he would honor his parents expected him longevity.
Indeed, ipath there would believe that this is a matter of faith, but if we look at the relationship between parents and children from a sociological perspective we obtain a simple equation which parent the child will not receive the physical and mental needs, according to ability to parent, of course, if the child does not respect them. This is because the assumption and joy increase ipath parent gets the child to the parent fiber which is a great pleasure for him incentive to do more for the welfare of the child. ipath Hence we believe that the eyes of the ancient Hebrew ipath law no father
