Protecting Your Rights to Child and Spousal Maintenance

Legal Guidance on Child and Spousal Maintenance in Singapore

Securing Child and Spousal Maintenance with Expert Legal Support

Child and spousal maintenance are ancillary matters that are addressed at the latter stage of divorce proceedings. Under the Women’s Charter, every parent has a duty to contribute to the maintenance of their child. Additionally, spouses may also be required to pay maintenance for their wife or incapacitated husband. The Court takes into account various factors in determining whether maintenance should be paid, whether it should be paid monthly or as a lump sum, and the amount to be paid.

Our lawyers can advise you on the maintenance that you and your child are entitled to, and help you obtain maintenance orders that will protect you and your child’s future.

Does Any of the Following Situations Match Your Circumstance?

Child maintenance

Section 68 of the Women’s Charter provides that every parent has a duty to maintain or contribute to the maintenance of their child, either by providing them with or paying for their accommodation, clothing, food and education. This duty remains even if the parents are no longer married. In certain circumstances, this duty may extend till after the child has turned 21 years old, such as if the child is undergoing further studies and cannot maintain himself or herself. The Court will consider various factors in deciding the amount of maintenance that a parent is obliged to pay. Some of the factors are:

The financial needs of the child;
The parents’ financial means and capacity;
Any mental or physical disabilities of the child;
The child’s standard of living during the parents’ marriage;
Each parent’s contribution to the welfare of the family, whether financial or otherwise;
The parents’ age;
The manner in which the parents expected the child to be educated or trained; and
Each parent’s conduct.

Spousal maintenance

Under section 69 of the Women’s Charter, the Court may order someone to pay maintenance to his wife if it finds that he has neglected or refused to pay maintenance for her. Furthermore, an individual may be ordered to pay maintenance to her incapacitated husband if it is found that she has neglected or refused to pay maintenance for him. Section 114 of the Women’s Charter sets out a non-exhaustive list of factors that the Court may consider in determining the amount of spousal maintenance that must be paid. The factors include:

The financial means and capacities of both parties;
The financial needs and obligations of both parties;
The standard of living enjoyed by both parties during the marriage;
The age of each party;
The length of the marriage;
Any mental or physical disabilities of each party; and
Each parent’s contribution to the welfare of the family, whether financial or otherwise.

Variation of maintenance order

An individual may wish to apply to vary a maintenance order. Reasons for making such an application may include the following:

The paying party’s financial circumstances have worsened, like the loss of employment or health issues affecting the ability to work.
The paying party’s financial obligations have increased, like the birth of a new child or hospital bills for an unwell elderly parent.
The receiving party’s financial circumstances have improved, like obtaining new employment or getting a job promotion with a significant pay raise.
The receiving party has remarried.
The receiving party requires more maintenance to fulfil their needs. This is especially common when the child grows older and requires more funding for food, extracurricular activities, tuition and hygiene.

We're Ready To Help

Navigating the complexities of child and spousal maintenance during divorce proceedings can be challenging, but Jacque Law LLC is here to support you with expertise and dedication. Our experienced lawyers provide guidance on securing maintenance for you and your child, advising on entitlements and assisting with obtaining court-ordered maintenance arrangements. With a commitment to protecting your rights and future stability, our team is ready to stand by your side through each step.

Commonly Asked Questions

What is child and spousal maintenance?

Child and spousal maintenance refers to financial support paid by one party to another, usually during or after divorce proceedings. Child maintenance is intended to support the child's well-being, while spousal maintenance provides financial support to a former spouse, typically when there is a disparity in earning power or need for support.

How does the court determine the amount of maintenance to be paid?

The court considers various factors, including the financial needs of the child or spouse, the income and financial capacity of both parties, the standard of living during the marriage, and any special needs or circumstances. These factors help ensure that the maintenance amount is fair and reasonable.

Can maintenance be paid as a lump sum instead of monthly payments?

Yes, maintenance can be ordered as a lump sum or as monthly payments, depending on the circumstances. The court will decide based on factors such as the paying party’s financial position, the recipient's needs, and what is considered most practical and fair in the given situation.

Is maintenance only applicable to women, or can men receive it as well?

Under the Women’s Charter, maintenance may be awarded to wives and incapacitated husbands. In cases where the husband is unable to support himself due to disability or other significant reasons, he may be eligible for spousal maintenance.

What happens if the paying party fails to make maintenance payments?

If a party fails to make maintenance payments as ordered by the court, legal action can be taken to enforce the order. The recipient can file a complaint with the Family Justice Courts, and the court may impose penalties, including fines or other enforcement measures, to ensure compliance.

Can maintenance orders be changed after they are issued?

Yes, maintenance orders can be varied if there is a significant change in circumstances for either party, such as a change in financial situation or health. Either party can apply to the court to have the maintenance order reviewed and adjusted as necessary.

How can Jacque Law LLC assist me with child and spousal maintenance issues?

Jacque Law LLC provides expert legal guidance on securing and enforcing child and spousal maintenance. Our team helps clients understand their entitlements, advises on obtaining court orders, and represents clients in court proceedings to ensure fair and reliable maintenance arrangements for you and your child’s future.