Divorce or separation can be complicated, particularly when children are involved. One of the most critical decisions you will face during this time is how to provide for your children financially.
Child support is one way to ensure that your children’s needs are met, both now and in the future.
But what are your options when it comes to child support?
This post explains the different types of child support available and what you should know.
Option 1: Family-Based Agreement
One option available to parents is to create a family-based agreement that outlines child support payments between them. This arrangement can provide both parties more flexibility but may also lead to disagreements and complications.
Parents may have differing views on how much each should pay, or one party may stop making payments. Additionally, family-based agreements are not legally binding, meaning there is no legal recourse if the agreement is violated.
Read more: Divorce Settlement Agreement in Singapore
Option 2: Interim Orders for Child Support
Alternatively, if either parent or the parents have commenced divorce proceedings and are in the early stages of a divorce, interim orders for child support may be applied for.
This situation may arise because a parent may have neglected their duty to financially provide for the child due to the breakdown of relations between the parents.
However, the Court recognises that the breakdown of relations between parents is separate from the parent’s duty to provide for their child financially. The parent’s duty to provide maintenance for the children is set out in s68 of the Women’s Charter 1961.
Accordingly, the parent seeking child support may make an interim child maintenance application at the Family Justice Court pursuant to s69(2) read with s127 of the Women’s Charter 1961.
The factors taken into consideration by the Court when determining an application for such interim child support are:
- the financial needs of the child;
- the income, earning capacity (if any), property, and other financial resources of the child;
- any physical or mental disability of the child;
- the age of each party to the marriage and the duration of the marriage;
- 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;
- the standard of living enjoyed by the child before a parent neglected or refused to provide reasonable maintenance for the child; and
- how the child was being, and in which the parties to the marriage expected the child to be, educated or trained.
Essentially, the parent seeking interim child support must show that the other parent has neglected or refused to provide reasonable maintenance for the child for the Court to grant such an interim child support order.
Such an interim order, if given, will be in effect until the Court grants its final judgment on the child support at the Ancillary Matters hearing following the divorce.
Read more: Child Custody and Support in Singapore
Option 3: Court-Ordered Maintenance (At Ancillary Matters hearing)
Otherwise, parties may determine the child support issue at the Ancillary Matters stage of the divorce. The first divorce stage is when the Court determines whether there has been an irretrievable breakdown of the marriage.
Once the Court grants the order for the dissolution of marriage, the Court will next determine the ancillary matters such as the division of matrimonial assets, the child’s issues such as custody, care & control, and access to the child, and spousal or child maintenance in the second stage.
In determining the quantum of child maintenance, the Court will again consider the following factors:
- the financial needs of the child;
- the income, earning capacity (if any), property and other financial resources of the child;
- any physical or mental disability of the child;
- the age of each party to the marriage and the duration of the marriage;
- 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;
- the standard of living enjoyed by the child before a parent neglected or refused to provide reasonable maintenance for the child; and
- the manner in which the child was being, and in which the parties to the marriage expected the child to be, educated or trained.
Essentially, the Court will take into account the child’s monthly expenses before apportioning it to each of the parents based on their income ratio.
For instance, if the father earns twice as much as the mother, the father will have to contribute twice as much as the mother in child support.
Once the Court makes an order for child maintenance, the quantum of the child support can only be changed if it is varied through a variation application in Court.
Read more: How is Child Maintenance Calculated?
Understanding Child Support in Singapore: Expert Guidance from GJC Lawyers
The welfare and well-being of a child are paramount in any divorce proceedings, and one of the essential components to consider is child support. At GJC Law, we pride ourselves on offering clarity and comprehensive assistance in this complex area.
Firstly, it is crucial to understand what child support encompasses in Singapore. It’s not merely a monthly stipend but often includes educational expenses, medical costs, and other essential child-rearing expenses. We can guide you through the intricacies of what is covered, ensuring that the child’s holistic needs are addressed in any agreement or court order.
In the maze of child support regulations in Singapore, GJC Lawyers stands as a beacon of guidance and advocacy. Entrust us with your concerns, and we will work tirelessly to ensure your child’s financial well-being is secured.
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.