Maintenance Lawyers in Singapore
Spousal and child maintenance, whether you are claiming it, being asked for it, or trying to change an order that no longer fits. You do not have to be divorcing to apply.
Maintenance is the money one family member pays towards another’s living costs. It arises on divorce, and it also arises while a marriage is intact, which is the part most people do not realise.
We act for people claiming maintenance, for people being asked to pay it, and for both where an existing order has stopped matching reality.
You do not have to be divorcing
A wife, and in defined circumstances a husband, can apply for maintenance during the marriage where a spouse has neglected or refused to provide reasonable maintenance. Child maintenance likewise does not require a divorce, and can be applied for by whoever is looking after the child.
Leaving a marriage and being provided for are separate questions. You do not have to answer the first in order to ask the second, and it is worth knowing that before you make a decision about the marriage under financial pressure.
Spousal maintenance
Spousal maintenance is a critical aspect of divorce proceedings, and it’s essential to understand that the court’s decision depends on various factors. We provide expert guidance on spousal maintenance, taking into account factors such as:
- Your Income and employability: The court considers your financial situation, including your income, employment status, and employability when determining spousal maintenance.
- Nominal maintenance: In some cases, the court may award nominal maintenance to preserve your rights for potential future adjustments. This can be crucial if your circumstances change, such as illness or job loss.
- Monthly maintenance: We assist in negotiating and securing monthly maintenance payments from your spouse, providing you with a stable income to support your needs.
- Lump-sum maintenance: If you prefer a clean break from financial support, we can help you pursue lump sum maintenance to ensure your financial independence.
- No maintenance: In certain situations, the court may rule that no spousal maintenance is necessary, particularly in short marriages or when your income is sufficient to cover your expenses.
Child support and maintenance
When children are involved, child support and maintenance are critical issues. Our services include:
- Calculating child expenses: We work with you to calculate the reasonable expenses required to raise your children, considering their well-being and future needs.
- Apportioning contributions: The court often determines each parent’s contribution proportionate to their income and expenses to ensure a fair distribution of child support responsibilities.
- Enforcing child support orders: If necessary, we can assist in enforcing child support orders to ensure your children receive the financial support they need.
Our team is committed to providing you with expert legal advice, compassionate support, and tailored solutions to address your unique circumstances. Contact us today for a consultation to discuss your spousal maintenance and child support concerns. We are here to guide you through the process and protect your rights and the best interests of your family.
Changing an order that no longer fits
Maintenance orders are not permanent. Where there has been a material change in circumstances, either party can apply to vary the order: a job lost, income substantially reduced or increased, a child’s needs changing as they grow, a party remarrying, or the arrangements for the children changing.
What a court will not entertain is an application that is really an attempt to reargue the original decision because you were unhappy with it. The question is what has changed, not whether the order was right at the time.
When payment stops
An order that is not being complied with can be enforced, and the family courts have a range of powers to compel payment where someone is able to pay and is not doing so.
The important practical point is not to let arrears build quietly for a year before raising it. Act early: the sooner an enforcement application is made, the more straightforward the picture and the more credible your position.
If you are the person who has stopped paying because you genuinely cannot, the answer is a variation application, not silence. Non-payment without an application looks like refusal rather than inability, and is treated accordingly.
How maintenance is actually decided
There is no formula. The court weighs the needs of the person claiming against the means of the person paying, in the context of the standard of living during the marriage and each party’s earning capacity.
In practice this means the outcome turns on evidence: what the expenses genuinely are, what the incomes genuinely are, and whether both are documented. A well-prepared schedule of expenses does more for a maintenance claim than any argument about fairness.
For children, the starting point is what it actually costs to raise the child, apportioned between the parents in proportion to their means rather than split down the middle.
Related
Maintenance is usually decided alongside the other ancillary matters on a divorce, together with custody, care and control. Where the arrangements were agreed in advance, see prenuptial agreements. For the wider picture, see family law.
Maintenance in Singapore: frequently asked questions
Who can apply for child maintenance?
The following parties can apply for child maintenance in Singapore:
- a parent who continues to live with the child after divorce,
- a lawful guardian who takes care of the child on behalf of parents,
- any sibling who is more than 21 years old,
- the child himself or herself, for example, after reaching the age of 21 if the eligibility criteria are met.
What determines the amount of maintenance?
There is no fixed rate or formula to determine the amount of maintenance for a spouse or ex-spouse in Singapore. The court will define a monthly payment or order reimbursement upon the product of receipts, or request a lump sum be paid based on a number of factors. This can loosely include:
- income, property, and other finances of the spouses;
- earning ability of both spouses;
- financial needs and responsibilities of the spouses during the marriage or expected in the foreseeable future;
- standard of living enjoyed by the family before the divorce;
- age of spouses and the duration of the marriage;
- any physical or mental disability;
- contributions made by spouses to family’s welfare, which include managing the home or caring for the family, among others; and
- value or benefit that would be unobtainable for any of the spouses after the dissolution of marriage.
For more information, please do get in touch to discuss your case.
What determines the amount of child maintenance?
Much like spousal maintenance, there is no pre-determined rate or formula to calculate this.
In general, the sum transferred for child support shall cover medical costs, essential costs of living and education. It must also provide for the same lifestyle the children had been accustomed at all times.
Please get in touch to discuss your matter further.
Can maintenance be enforced?
Yes. Singapore law provides strict enforcement measures to ensure that the obliged parties fulfill their obligations.
In situations where the party does not fulfill these obligations, the recipient of the maintenance can make a Garnishee Order or an Attachment of Earnings Order [AEO], which obliges a bank or an employer to deduct a portion of funds or salary and make transfers for maintenance.
There are other enforcement options available depending on the situation. Please get in touch for further information.
Can I claim maintenance without getting divorced?
Yes. A wife, and in defined circumstances a husband, can apply where a spouse has neglected or refused to provide reasonable maintenance during the marriage. Child maintenance likewise does not depend on a divorce. This is worth knowing before financial pressure forces a decision about the marriage itself.
Can a husband claim maintenance from his wife?
In defined circumstances, yes. The position is narrower than for a wife, and it turns on the husband’s circumstances, including incapacity. If this is your situation, it is worth asking rather than assuming the answer is no.
How long does maintenance last?
For a child, ordinarily until 21, and it can continue beyond that where the child is still in education, has a disability, or is otherwise unable to maintain themselves. For a spouse, it depends on what was ordered: monthly maintenance can run indefinitely or for a fixed period, and a lump sum ends the obligation.
What is nominal maintenance and why would I want it?
A token amount, sometimes a dollar a year, ordered so that the right to maintenance stays alive without money actually changing hands. It matters because a court cannot vary an order upwards if there is no order at all. Where your circumstances might deteriorate, illness or losing the ability to work, nominal maintenance preserves the option.
My ex has stopped paying. What can I do?
Apply to enforce. The courts have real powers where someone can pay and is not doing so. Raise it early rather than letting arrears accumulate for a year, because a long silence weakens the picture and makes the sum harder to recover.
I have lost my job and cannot pay. What should I do?
Apply to vary the order, and do it now. Simply stopping payment looks like refusal rather than inability, and the arrears continue to accrue while you say nothing. A variation application supported by evidence of the change is the right response.
What clients say.
Rebecca was calm and clear when I was neither. She explained every option in plain English and never made me feel rushed. The outcome was better than I expected.
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