מעודכן ל: 4.1.2024
מזונות ילדים
Maintenance
Alimony
Support – domestic relations
חוק המזונות (הבטחת תשלום), תשל"ב-1972, ס"ח 654.
מלכי מרדכי אבהות ואמהות, דרכי ההקניה וההוכה: דין, הלכה ומעשה (2017).
ורדה שוורץ מזונות: הליכי גבייה בלשכת ההוצאה לפועל (2014).
פנחס שיפמן דוח הוועדה לבחינת נושא מזונות הילדים בישראל (2012).
שלומי נרקיס סדרי הדין בבית-המשפט לענייני משפחה בעין תקנות בית-משפט לענייני משפחה (סדר דין), התשפ"א-2020 ותקנות סדר הדין האזרחי, התשע"ט-2018 (2021).
Marian F. Dobbs, Determining Child & Spousal Support, Westlaw DCSS (database updated Aug. 2022).
Jessica Tollestrup, Cong. Rsch. Serv., IF10113, The Child Support Enforcement (CSE) Program (Sept. 8, 2022).
Carmen Solomon-Fears & Alison M. Smith, Cong. Rsch. Serv., R43779, Child Support Enforcement and the Hague Convention on Recovery of International Child Support (Sept. 22, 2016).
Living Apart Together: Legal Protections for a New Form of Family by
Argues for legal reforms to protect couples who live apart but perform many of the functions of a family Living Apart Together is an in-depth look at a new way of being a couple and "doing family"--living apart together (LAT)--in which committed couples maintain separate residences and finances. In Bowman's own 2016 national survey, 9% of respondents reported maintaining committed relationships while living apart, typically spending the weekend together, socializing together, taking vacations together, and looking after one another in illness, but maintaining financial independence. The term LAT stems from Europe, where this manner of coupledom has been extensively studied; however, it has gone virtually unnoticed in the United States. Living Apart Together aims to remedy this oversight by presenting original research derived from both randomized surveys and qualitative interviews. Beginning with the large body of social science literature from outside the US, Cynthia Bowman examines the prevalence of this lifestyle, the demographics of people who live apart, their reasons for doing so, and how these individuals manage finances, care during illness, and many other aspects of family life. She focuses in particular detail on three key demographics--women, gay men, and the elderly--and how individuals from these groups engage in LAT behavior. She finds that while these living arrangements are more common than previously believed, there are virtually no legal protections for the people involved. Bowman concludes by proposing a number of legal reforms to support the caregiving functions LAT partners perform for each other. Living Apart Together makes an important case for formal recognition of this growing but largely overlooked family structure.
Divorce and the Special Needs Child: a Guide for Parents by
Going through a divorce is always tough, but when a child with special needs is involved it can be especially challenging. This book takes a clear and comprehensive look at every aspect of the legal divorce process, and addresses all of the legal issues that divorcing parents of children with special needs face. The author guides parents through the initial hurdles of choosing the right lawyer for their case, and explains exactly how to work with them to achieve the best possible outcome for all concerned. From agreeing upon child custody arrangements that meet the particular needs of the child, to making provision for child support payments, gathering together the documentation needed to prove a case, and dealing with financial issues such as debts and property distribution, no aspect of divorce is left uncovered. A set of checklists is included to ensure that parents consider everything they need to, and the book concludes with a useful list of further resources. Written by an experienced family lawyer who went through her own divorce when her son, who has autism, was six, this book offers much-needed guidance to divorcing parents of children with a variety of special needs.
The Recovery of Maintenance in the EU and Worldwide by
This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
Maintenance and Child Support in Private International Law by
No one would dispute that the duty to provide for those that you have a legal and moral obligation to support is very important. With the movement and migration of people both within Europe and globally, there are more and more families and relations who live in different States. Therefore it is imperative that suitable and workable methods exist to create maintenance obligations and then secure the transfer of funds, particularly from abroad. In the book the provisions in EU Maintenance Regulation no 4/2009 and the Hague Maintenance Convention of 2007 are analysed in order to discover what developments and therefore potential improvements have been made in relation to the recovery of maintenance from abroad. The book also includes an empirical study on the first year of operation of the Maintenance Regulation. Data collected has been analysed in order to supplement the critique of the instruments. The information and analysis is used to suggest suitable solutions for the future, which include amendments to the Regulation and recommendations for best practice.
International Child Maintenance and Family Obligations by
The increase in international mobility means that there are now significantly more child maintenance cases which include an international element. Enhanced inter-country cooperation in the processing of such applications has resulted in more effective recovery of maintenance, so that practitioners and legal advisors need to have a good grasp of the various rules and regulations in respect to jurisdiction and reciprocal enforcement in this increasingly relevant and complex area. This book provides straightforward guidance to the law and procedures that govern applications for new orders and enforcement of existing orders to and from abroad. An overview of domestic legislation, procedure, analysis of international law (including the EU Council Maintenance Regulation 4/2009 and the implementation of the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance), and summary of enforcement procedure will equally assist legal advisors at family proceedings courts and practitioners instructed to deal with financial orders and provide advice on reciprocal enforcement.
מעודכן ל: 4.1.2024
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