Child Maintenance and Support
In Singapore, the private care of children is primarily governed by the Women’s Charter 1961 (2020 Rev Ed) (the “Charter”) and Guardianship of Infants Act 1934.
By virtue of section 68 of the Charter, a parent has the legal duty to maintain or contribute to the maintenance of his or her child. The duty remains intact regardless of whether:
- the child is in the custody of the parent;
the custody of any other person; or
the child is legitimate or illegitimate.
Section 70(1) of the Charter also encompasses the duty of a person (other than a parent) to maintain a child in his or her custody where the parent fails to do so.
The duty of a parent or guardian to maintain a child shall cease on the day which the child attains 21 years of age unless the circumstances stated in section 69(5) of the Charter is satisfied.
What constitutes CHILD maintenance?
Maintenance constitutes the provision of housing, clothing, nourishment and education, as may be reasonable or, the payment of the cost thereof.
Naturally, the parent or guardian who has custody of the child would provide the child with housing, clothing, nourishment and education while the non-custodial parent or guardian would contribute a reasonable sum of money within their affordable means.
When does the need for an application for child maintenance arise?
One may find cause to file an application for child maintenance where a parent or guardian has neglected or refused to provide reasonable maintenance for the child.
Who can apply for child maintenance?
In accordance with section 69(3) and 70(4) of the Charter, the following persons may apply for maintenance of a child:
- any person who is a guardian or has actual custody of the child;
- where the child has attained 21 years of age, by the child himself or herself;
- where the child is below 21 years of age, any of his or her siblings who has attained 21 years of age; or
- any person appointed by the Minister.
Quantum of maintenance
As provided for under s 69(4) of the Charter, when considering the appropriate amount of maintenance to be ordered, the court is to have regard to all the circumstances of the case including the following matters:
- the financial needs of the child;
- the income, earning capacity (if any), and other financial means of the parent applying for maintenance;
- any physical or mental disability of the child;
- the contributions made by each of the parties to the family, including any contribution made by looking after the home or caring for the family;
- the standard of living enjoyed by the child before a parent neglected or refused to provide reasonable maintenance for the child;
- the manner in which the child was being, and in which the parties to the marriage expected the child to be, educated or trained; and
- the conduct of each of the parties, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.
Types of Maintenance Order
The Court may make an order for the provision of maintenance through one or more of the following ways:
- fixed monthly payments;
- lump sum payment;
- reimbursement (repayment) of specific expenses, either in full or in part; and/or
- direct payment of expenses to a service provider (such as a childcare centre or utilities provider).
The payment may be directed to the person having custody of the child.
Failure to Comply with Maintenance Order
Where a parent or guardian has failed to adhere to the terms of the maintenance order, the parent or guardian who applied for the maintenance (i.e. the applicant) has recourse against the defaulting parent or guardian through an application for enforcement of maintenance order. The maintenance order may be enforced in any of the following ways:
- Imprisonment;
- An Attachment of Earnings Order; (The defaulting party’s employer is directed to pay the maintenance sum from the defaulting party’s salary to the applicant)
- An Enforcement Order for Attachment of a Debt; (where a third party owes money to the defaulting party, the court may order for the third party to pay the money owed to the applicant)
- An order for the defaulting party to give a banker’s guarantee against future defaults;
- An order for the defaulting party to undergo financial counselling;
- An order for the defaulting party to perform community service; or
- A show-payment order. (The defaulting party would be required to prove payment of any maintenance arrears or payable maintenance to the applicant in a manner and on a date or dates specified by the court)
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How to apply?
An application for a maintenance order for a child may be at the family justice court, authorised agency or through a lawyer.
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.
FAQ
The right to maintenance does not arise until an unborn child is delivered.
In accordance with section 69(5) of the Charter, the court may make an order for maintenance where it is satisfied that it is necessary to do so because –
of a mental or physical disability of the child;
the child is or will be serving full-time national service;
the child is or will be or (if an order were made under subsection (2)) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
special circumstances, other than those stated in paragraphs (a), (b) and (c), exist which justify the making of the order.
Remarriage does not absolve a parent from their existing child maintenance obligations. The financial responsibilities towards the child remain unchanged, and the court may still enforce maintenance orders regardless of the parent's new marital status.
If a parent relocates internationally, they are still obligated to fulfil child maintenance responsibilities. Singapore has reciprocal enforcement arrangements with certain countries, allowing maintenance orders to be enforced across borders.
As provided by section 70(1) of the charter, a non-parent may be required to provide maintenance for a stepchild where he or she has accepted the said child as a member of his or her family and in, so far as the father or the mother of the child fails to do so. However, in the event that the marriage between a non-parent and parent breaks down, the non-parent is no longer bound to continue maintaining the stepchild.
Child maintenance arrangements can be modified if there are significant changes in the child's needs, such as medical expenses or educational requirements. Where there is an existing order for maintenance, either parent can apply to vary the order of court.
Yes, parents can agree on child maintenance arrangements privately. However, formalising this agreement through a court order is advisable to ensure enforceability and clarity.
Should you require guidance in applying for, varying or enforcing maintenance for your child, please do not hesitate to contact our team of experienced family lawyers at 6226 0439.
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