Family Law

Can parents waive or reduce child support by agreement in Israel?

Not in a way that binds the child. Child support in Israel belongs to the child, not to the parent who receives it, so parents cannot validly sign away or reduce it in a private deal to the child's detriment. Under the Family Law Amendment (Maintenance) Law 5719-1959 and long-standing case law, a Family Court can disregard or reopen a support waiver whenever the child's welfare requires it, even where both parents freely agreed. Parents can settle the amount between themselves, but the arrangement is only secure once a court reviews it and confirms it serves the child's best interests.

The duty to support a child in Israel is owed to the child directly. Because the right is the child's, a mother and father cannot contract it away between themselves in a manner that leaves the child worse off, and a clause in a divorce agreement waiving future support has limited force. The Family Court, and where relevant the Rabbinical Court, keeps supervisory power over child maintenance and will approve an agreement only if it protects the child. If circumstances change, either parent, or the child through a guardian, can ask the court to revisit the amount despite an earlier waiver. This is why a support figure agreed privately is not truly final until it is embodied in a court order. Our guide to child support in Israel explains how the amount is set.

For international families this matters most when a divorce is negotiated abroad and one parent agrees to forgo Israeli child support in exchange for other concessions, such as a larger share of property. That trade can unravel if the child later needs support, because an Israeli court is not bound by the parents' bargain over the child's rights. The safer route is to submit any maintenance agreement to the Family Court for approval, which gives it the status of a judgment enforceable through the Execution Office. Parents can agree to reduce support where the paying parent's income genuinely drops or custody becomes shared, but the reduction should be court-approved rather than simply informal. Stopping payments unilaterally, even under a private waiver, exposes the paying parent to arrears and enforcement.

⚖ In Practice
  • Governing law: Family Law Amendment (Maintenance) Law 5719-1959; child support is the child's right and cannot be waived to the child's detriment
  • Competent authority: Family Court (Beit Mishpat LeMishpacha), or the Rabbinical Court (Beit Din Rabani) where it has jurisdiction
  • Court approval: a maintenance agreement gains the force of a judgment only once the court confirms it serves the child's best interests
  • Reopening: the amount can be revisited on a material change of circumstances despite an earlier waiver
  • Enforcement: confirmed support is collected through the Execution Office (Hotzaa LaPoal), including wage attachment and stay-of-exit orders
  • Typical duration: full support usually runs until age 18, then a reduced rate through compulsory military or national service, around age 21

From the full guide: Child Support in Israel: How It Works for International Families


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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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