Precedent: Woman will pay alimony to ex who had baby

Mother of child sues her ex for alimony, claiming she supported, was part of decision to have baby, helped raise child, while in relationship. Court: There was ‘unwritten agreement’

A woman has been ordered to pay alimony to support a child born to her former partner while the two were still involved, according to a Tel Aviv Family Court ruling.


The two women were in a relationship for 21 years, during which they also held a marriage ceremony. During their life together, the plaintiff gave birth to a baby boy. The two separated three years ago, and after the separation, the biological mother filed a request for alimony against her former spouse, claiming both had considered the boy their son and thus, her ex should pay alimony.


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The ex claimed that the one who wanted to become pregnant and be a mother was the biological mother of the child, and that all decisions relating to him and his care were made by her alone. The defendant also contended that her former spouse refused to allow her to be a mother to the child.


The court held that because the defendant did not adopt the minor, and the two did not solidify their relationship with a written agreement nor did they apply for adoption, the court would have to verify what was entailed in the ‘unwritten’ consent between the two. The court verified this by examining relations between the couple, such as the fact that the defendant filed suit for guardianship of the child after the two women separated.


The court did not accept the argument of the ex that the relationship between the two was "full of cheating and instability,” stating the fact that it lasted for 21 years attested to its stability. The court further noted the testimony of the plaintiff in which she stated that she would not have gotten pregnant without the accompaniment and support of her former partner.


Judge Esther Zitnitski Rakover determined in her ruling that it was in the child's best interest to maintain contact with the defendant; the findings stipulated the coordination of visitation rights between the former partners and included a clause requiring the defendant pay alimony for the child.



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פרסום ראשון: 09.03.13, 15:05
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