Child Maintenance and Support
Understanding Child Maintenance
Child maintenance and support in Singapore is regulated by Section 68 of the Women’s Charter. The section outlines the obligations of a parent to maintain his children, including providing financial support from birth until they reach adulthood (age 21). The parents may come to an agreement on child maintenance amounts, or if no agreement can be reached, the court may intervene and decide on a suitable amount based on the needs of the child.
Who can apply for Child Maintenance?
- The child's guardian
- Any individual with legal custody of the child
- A child who has reached the age of 21
- If the child is under 21, any older siblings may also apply on their behalf
Who benefits from Child Maintenance?
Parents are legally obligated to provide for the financial needs of their child until he/she turns 21 years old, includes:
- food
- accommodation
- clothing
- school fees
However if the child is over 21 years old, they may apply for child maintenance order if one or more of the following criteria is met:
- physical or mental disability
- serving full-time national service (NS)
- still pursuing education or undergoing training for a trade, vocation or profession
- in exceptional cases where the court is convinced that the provision of maintenance is indispensably required due to specific circumstances
Why apply for Child Maintenance?
If you believe that the other parent is neglecting or refusing to provide reasonable financial support for the child, you can apply for child maintenance through the Maintenance Court at the Family Justice Court.
What does the Court take into account when ordering Maintenance?
The court takes various factors into consideration when determining the amount of maintenance to be paid includes:
- The child's needs, including education and healthcare expenses.
- The financial means and circumstances of both parents.
- The child's living arrangements, including whether they are living with one parent or split between both parents.
- Any special or additional needs of the child.
- The child's age and the standard of living they were accustomed to before the divorce or separation.
What does the Court take into account when ordering Maintenance?
There are two primary types of maintenance orders in the context of family law.
A temporary arrangement ordered by the court during divorce proceedings. It is intended to provide financial support to the spouse or children until a final decision on maintenance fees is reached.
A permanent arrangement determined after the conclusion of divorce proceedings. Final maintenance orders specify the ongoing financial responsibilities of one party to the other, often outlining the amount and frequency of payments to ensure the well-being and financial stability of the recipient. These two types of maintenance orders serve distinct purposes in addressing the financial needs of individuals involved in divorce or separation cases.
Applying Of Maintenance Order For Muslims
It is important to note that Muslims are also allowed to apply for interim maintenance at the family court.
However, for Muslims, the Syariah court order will be the final order (only for the wife and not the children).
For child maintenance, Muslims can only seek orders from the Family Court as such it would not technically be an interim application per se for muslims if they seek an order for child maintenance.
Now, moving on, many are of the opinion that the father should pay for the full expenses of the child in a maintenance application.
This is a conceptual error. Let us look at Section 69 (2) of the Women’s Charter:
The court may, on due proof that a parent has neglected or refused to provide reasonable maintenance for his child who is unable to maintain himself, order that parent to pay a monthly allowance or a lump sum for the maintenance of that child.
As such if the father has been caring for the child, and the mother refuses to contribute despite having the ability to do so, the father may make an application to court for maintenance of child.
Claiming A Reasonable Amount For Child’s Maintenance
Similarly, a wife cannot expect her husband to maintain her fully or for all her needs and wants. The sum must be reasonable and it must be a “tide over sum”, which is a buffer until the final determination of the divorce.
To succeed in such applications, it is necessary for the applicant to show neglect or refusal by a parent or husband to provide for the child or wife.
It is important to note that a husband cannot claim maintenance from the wife unless he is incapacitated.
Is There A Difference Between Maintenance Order Before And After Divorce?
Generally, both types of applications require a demonstration of need and reasonableness. While the threshold for both applications is not vastly different, it primarily hinges on whether there exists a genuine need and a reasonable request.
Furthermore, the court is cautious about intervening extensively, as it could negatively impact the family. Therefore, the court’s focus is on assessing the necessity and determining a reasonable amount to support the spouse until the conclusion of ancillary matters, if applicable.
This approach is taken because, during the ancillary stage, the court takes a comprehensive view of all matrimonial assets and the parties’ financial capacity to make an informed decision.
Court Addressing Immediate Financial Needs
In the case of an application for interim maintenance, the court’s primary objective is to address immediate financial needs and provide a modest maintenance sum to sustain the applicant while awaiting the final resolution of the divorce during the ancillary stage.
It’s important to note that any maintenance awarded during this phase is typically conservative in nature, ensuring fairness and reasonableness in addressing the immediate financial requirements of the involved parties.
Reclaim Your Life Today!
For Instant Access To A Family Lawyer
Circumstances Before Issuing Maintenance Order By The Court
The Court looks at several issues which include, as per s 69(4) of the Women’s Charter:
The Court, when ordering maintenance for a wife, an incapacitated husband OR a child under this section, shall have regard to all the circumstances of the case including the following matters:
(a) the financial needs of the wife, incapacitated husband or child;
(b) the income, earning capacity (if any), property and other financial resources of the wife, incapacitated husband or child;
(c) any physical or mental disability of the wife, incapacitated husband or child;
(d) the age of each party to the marriage and the duration of the marriage;
(e) the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;
(f) the standard of living enjoyed —
(i) by the wife before her husband neglected or refused to provide reasonable maintenance for her;
(ii) by the incapacitated husband before his wife neglected or refused to provide reasonable maintenance for him; or
(iii) by the child before a parent neglected or refused to provide reasonable maintenance for the child;
(g) in the case of a child, the manner in which he was being, and in which the parties to the marriage expected him to be, educated or trained; and
(h) the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.
As such, it is important for one to put together their expenses down clearly and take note of these factors before rushing to apply for one.
It is very easy and simple to apply for maintenance. All that one needs to do is to go to the Family Court to file a complaint form.
However, it is important to do your homework and strategise properly. if you fail to plan, you may actually be planning to fail.
Enforcing Child Maintenance Orders
Once a Child Maintenance Order is issued, it is legally binding. The parent responsible for making the payments must comply with the order’s terms. If a parent fails to meet their maintenance obligations, the custodial parent can seek enforcement through legal channels. Penalties for non-compliance may include fines, imprisonment, or garnishment of wages.
Conclusion
Child Maintenance Orders in Singapore play a vital role in safeguarding the well-being and future of children whose parents have divorced or separated. It ensures that both parents fulfil their financial responsibilities towards their children. Understanding the legal framework, eligibility criteria, and application process for child maintenance is essential for parents navigating the complexities of divorce and family law. Ultimately, the aim is to prioritise the child’s best interests and provide them with the support they need to thrive.
Disclaimer: The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise.