In Singapore, children are entitled to financial support from their biological parents until the age of 21. However, maintenance orders may be extended for children above the age of 21 under certain circumstances- such as if they are pursuing their tertiary education or undergoing national service.
Courts generally arrive at a final maintenance order after taking into account a child’s education, financial and other living expenses.
Once made, maintenance orders may be varied under limited circumstances- for instance, if there is a substantial change in the health of earning capacity of the parent contributing to the maintenance.
Who is liable to contribute to child maintenance?
Under the law, it is the duty of a parent to maintain or contribute to the maintenance of his or her children, regardless of whether they are legitimate or illegitimate.
If it is proven that a parent has refused to provide reasonable maintenance for a child who is unable to maintain himself, a court may order that the parent pay a monthly payment or one-time lump sum for the maintenance of the child.
It is interesting to note that a non-parent may also become responsible for the maintenance of a dependent child if he accepts the child as a member of his family.
However, the duty by the non-parent shall cease if the child is taken away by his birth father or mother.
Any money spent on the expenses of the child by the non-parent will then be recoverable as a debt from the birth parent.
Who can apply for child maintenance?
Applications for maintenance of a child may be made by any of the following people:
- The guardian of the child
- Anyone who has actual custody of the child
- A child who has attained the age of 21
- If a child is below the age of 21, any of his siblings who are older than 21 may also apply on his behalf.
Who can benefit from child maintenance?
Generally, children under the age of 21 will be eligible for maintenance from their parents. A maintenance order made before a child turn 21 ceases to be of any effect on the day the child turns 21 unless the maintenance order expressly states otherwise.
Exceptionally, a dependent child above the age of 21 may also be eligible for maintenance under any of the following circumstances:
- The child suffers from a mental or physical disability
- The child is or will be serving full-time national service
- The child is or will be studying or undergoing vocational training
- Any other special circumstances
Interim Child Maintenance Applications
Applying for interim child support orders may become necessary when parents are in the early stages of divorce proceedings or while still married but separated. This often arises when one parent fails to fulfil their duty to financially support the child due to the breakdown of the marital relationship.
Factors Considered by the Court
When deciding on interim child maintenance orders in Singapore, the Court carefully evaluates the child’s reasonable needs while considering the family’s circumstances. This process is guided by Section 69(4) of the Women’s Charter 1961 (2020 Rev Ed).
Here’s how the Court approaches these decisions in practical terms:
1. Reasonable Needs of the Child
Child maintenance is intended to cover the child’s necessary and reasonable expenses, such as:
- Daily necessities: food, clothing, and shelter.
- Education-related costs: tuition fees, school materials, and extracurricular activities.
- Healthcare needs: regular medical check-ups and ongoing treatments, if any.
However, not all expenses from the marriage automatically qualify as reasonable for maintenance purposes. For example, luxury items or discretionary expenses may not be included unless they align with the child’s established standard of living.
2. Proving Reasonable Expenses
Parents seeking maintenance must explain and justify their proposed expenses. This means:
- Demonstrating how the expenses are necessary and reasonable in light of the child’s standard of living.
- Providing evidence of projected costs, such as receipts or estimates, to substantiate the claim.
This ensures the maintenance order reflects the child’s genuine needs and not inflated or arbitrary expenses.
3. Impact of Marital Breakdown
The Court acknowledges that a marital breakdown changes the financial dynamics of the family. Factors like a parent moving out of the shared household or changes in income due to divorce proceedings are considered.
The financial strain resulting from separation may affect the resources available to both parents, which is considered when deciding the amount of maintenance.
4. Balancing the Financial Contributions of Each Parent
The Court evaluates both parents’ financial capacity to contribute towards the child’s maintenance. This involves:
- Assessing the income ratios of the parents to ensure a fair distribution of financial responsibility.
- For instance, if one parent earns significantly more, they may be required to contribute a larger portion.
- Balancing the child’s welfare needs with the financial realities of both parents, ensuring neither is overburdened while the child’s needs are met.
Read more: What Are the Options for Child Support in Singapore?
Duration of Interim Orders
If the Court issues an interim child support order, it remains in effect until the final determination of child support during the Ancillary Matters hearing, which follows the divorce judgment.
Can I Claim Child Maintenance If My Partner and I Are Not Married?
Yes, you are entitled to seek child maintenance even if you and your partner are not married. Under Section 68 of the Women’s Charter 1961, the legal duty to provide maintenance for a child applies to both parents, regardless of their marital status.
As long as parentage is established, both parents are responsible for contributing financially to the child’s upbringing. If the other parent neglects or refuses to provide reasonable maintenance, you can apply to the Family Justice Courts to seek child support.
Read more: FAQs : Child Maintenance in Singapore
Interim child maintenance orders aim to provide for the reasonable and necessary needs of the child during separation or divorce proceedings. The Court’s decision reflects a balanced consideration of the child’s welfare, the parents’ financial means, and the changed family dynamics after a marital breakdown.
The parent seeking interim support must demonstrate that the other parent has neglected or refused to provide reasonable maintenance for the child, whether during a separation while still married or after divorce proceedings have commenced. This evidence is crucial for the Court to grant the interim order.
Enforcing Child Maintenance Orders in Singapore
The Women’s Charter provides various options to help enforce the collection of child maintenance when a payor fails to comply. Below, we explain the available methods in a simplified and practical manner:
1. Attachment of Earnings Order (AEO)
This is one of the most effective tools for ensuring that the child receives the maintenance sum ordered by the Court.
How It Works:
- An Attachment of Earnings Order is directed at the payor’s employer.
- The employer is required to deduct the specified maintenance amount from the payor’s salary and either:
- Pay it directly to the recipient, or
- Submit it to the Court, which will manage the collection on behalf of the child.
This mechanism ensures regular and reliable payment of maintenance, reducing the likelihood of non-compliance.
2. Imposition of Fines or Imprisonment
Under Section 71 of the Women’s Charter, the Court may impose penalties on a defaulting payor, such as:
Fines:
- The process for imposing fines is detailed in Section 224 of the Criminal Procedure Code.
- While this does not directly provide money to the child, it acts as a strong deterrent for the payor against defaulting.
Imprisonment:
- In extreme cases, the Court may order the imprisonment of the defaulting payor.
- Like fines, this serves as a psychological incentive for compliance but does not contribute to the maintenance amount.
3. Garnishing Debts
When the payor has outstanding debts owed to them, these can be “garnished” to recover the maintenance amount.
How It Works:
- The Court orders that the debts owed to the payor by a third party are redirected to the recipient of the maintenance.
- This method ensures that some money is recovered for the child.
Legal Reference:
- This process is governed by Rule 5 of the Women’s Charter.
4. Recovery of Outstanding Amounts as Debt
Under Section 74 of the Women’s Charter, recent unpaid maintenance amounts can be treated as a debt.
How It Works:
- The unpaid sum can be recovered through legal proceedings similar to debt recovery.
- This allows the recipient to claim the outstanding amount due for the child.
At Gloria James-Civetta & Co., we specialise in providing comprehensive legal support for families navigating Singapore’s divorce and child maintenance issues. Our experienced team is dedicated to guiding you through comprehensive representation, ensuring your child’s welfare is prioritised and your rights are protected.
We offer personalised consultations to understand your unique situation and develop tailored strategies that align with your objectives.
We’re here for you
We have a dedicated family law team ready to listen, understand your situation, and advise you on:
- Child Custody & Maintenance issues;
- Access Arrangements;
- Parenting Plans;
- Relocation issues.
