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Factors For Wife & Children Maintenance

maintenance

Maintenance for wife and children

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Under the Women’s Charter, the husband may have to pay maintenace for wife and his children. The court will consider all the circumstances of the case, including the following factors, when deciding whether the order should be made and the amount of maintenance for wife:

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  1. wife’s financial needs;
  2. income, earning capacity, property and financial resources of parties;
  3. any physical or mental disability that wife might have;
  4. the age of the parties and the duration of the marriage;
  5. Your Approximate valuation of property.
  6. the contributions made by each spouse to the welfare of the family, including any contribution made by looking after the home or caring for the family;
  7. the standard of living enjoyed by the wife; and
  8. the conduct of you and your spouse, if the conduct is such that the court is of the opinion that it is inequitable to disregard it.

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In addition, the court will consider:

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  • the value of any benefit to either spouse that will be lost as a result of the dissolution of the marriage; and
  • the court will try to place the parties in the same financial position as they would have been if the marriage had not broken down and each party had discharged his financial obligations and responsibilities towards each other.

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ABOUT PKWA LAW

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At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore divorce lawyers by respected independent legal publications such as Asian Legal Business, Singapore Business Review, Global Law Experts and Doyle’s Guide to Singapore Family Lawyers.

Maintenance of spouse and children in Singapore

Maintenance of spouse and children in Singapore

Maintenance of spouse and children in Singapore – Under  Singapore law, a man can be ordered to pay maintenance to his wife or former wife, either during matrimonial proceedings, or after a divorce, judicial separation, or nullity of marriage has been finalised.

Recent changes to the law have made it possible for a man to claim maintenance from his wife if he is:

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  1. Incapacitated by a physical or mental disability, before or during the course of marriage
  2. Unable to earn a living as a result of the disability.
  3. Unable to support himself.

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How Much Maintenance?

After a divorce, there is usually maintenance to be given to a former wife and more recently, to disabled former husbands. It is important to bear in mind that every case is different and there is no hard and fast rule in determining the quantum of maintenance to be given.

Under section 114(1) of the Women’s Charter, the court will take into account all circumstances of the marriage, including the following factors, in assessing the amount of maintenance due:

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a. The income and earning capacities of both parties;

b. The financial needs of both parties;

c. The standard of living enjoyed by the family before the divorce;

d. The age of both parties;

e. The duration of the marriage;

f. The existence of any physical or mental disabilities in both parties; and

g. The contributions of each party to the marriage.

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There are other factors not specifically mentioned in the Women’s Charter that will be taken into account as well. For example, the likelihood of remarriage of the spouse being maintained and an estimate as to how long both parties can continue working. Furthermore, if the marriage were a short one, the usual period of maintenance (that is until the maintained spouse remarries or either party passes away) may not apply.

After a maintenance order is made, if there are changes in your circumstances that either affect your ability to afford the current level of maintenance or to warrant a higher maintenance, you may apply to Court to vary the maintenance order.

DIVORCE – WHO CAN APPLY FOR MAINTENANCE?

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Under section 69 of the Women’s Charter, you can apply for maintenance

  • for your child from the other parent, if he or she neglects or refuses to provide your child with reasonable maintenance;
  • for yourself from your husband, if you are a married woman whose husband neglects or refuses to provide you with reasonable maintenance;
  • for yourself from your parent, if you are over 21 and you are still a full-time NSman or student.

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The Court can also make maintenance orders for a wife and children in pending divorce proceedings, or as part of final orders in the ancillary matters in divorce proceedings under the Women’s Charter.

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Do I have to maintain my child if the Court has granted care and control to the other parent?

Under the Women’s Charter, the responsibility of maintaining the children lies with both parents. This does not change if the parents divorce, or if the children now live with just one parent. The Court normally orders the parent without care and control to pay the children’s maintenance to the parent with care and control.

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What factors does the Court consider in making a maintenance order?

The Court is duty-bound to consider all the circumstances of the case.

Sections 69 and 114 specify some particular issues that the Court will consider. These include:

the financial needs of the wife or child;
the income, earning capacity (if any), property and other financial resources of the wife or child;
any physical or mental disability of the wife or child; and
the age of each party to the marriage and the duration of the marriage.
You, as well as the respondent to your application, will be asked to produce the relevant documents in Court to enable the Judge to make a decision on the appropriate amount of maintenance to be ordered.

The usual documents include:

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  • lists of monthly personal expenses, and lists of such expenses for the children, if relevant;
  • salary slips;
  • income tax returns;
  • documents evidencing any debts;
  • receipts for household, personal and children’s expenses; and
  • any other documents that may be relevant to the parties’ means.

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Can I withhold access if the other parent has not been paying child maintenance?

No. The Court considers maintenance issues and parenting issues separately. You are still bound by the Court order to allow the other parent to have access to the children even if he or she is not making regular maintenance payments.

You may wish to apply to Court to enforce the maintenance order against the other parent.

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Can I withhold maintenance if the other parent has not been allowing me to see the child?

No. The Court considers maintenance issues and parenting issues separately. You must still pay maintenance for your children, even if your former spouse is not allowing you to see them.

Under section 69 of the Women’s Charter, you can apply for maintenance

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  • for your child from the other parent, if he or she neglects or refuses to provide your child with reasonable maintenance;
  • for yourself from your husband, if you are a married woman whose husband neglects or refuses to provide you with reasonable maintenance;
  • for yourself from your parent, if you are over 21 and you are still a full-time NSman or student.
    The Court can also make maintenance orders for a wife and children in pending divorce proceedings, or as part of final orders in the ancillary matters in divorce proceedings under the Women’s Charter.

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Do I have to maintain my child if the Court has granted care and control to the other parent?

Under the Women’s Charter, the responsibility of maintaining the children lies with both parents. This does not change if the parents divorce, or if the children now live with just one parent. The Court normally orders the parent without care and control to pay the children’s maintenance to the parent with care and control.

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What factors does the Court consider in making a maintenance order?

The Court is duty-bound to consider all the circumstances of the case.

Sections 69 and 114 specify some particular issues that the Court will consider. These include:

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  • the financial needs of the wife or child;
  • the income, earning capacity (if any), property and other financial resources of the wife or child;
  • any physical or mental disability of the wife or child; and
  • the age of each party to the marriage and the duration of the marriage.

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You, as well as the respondent to your application, will be asked to produce the relevant documents in Court to enable the Judge to make a decision on the appropriate amount of maintenance to be ordered.

The usual documents include: .

  • lists of monthly personal expenses, and lists of such expenses for the children, if relevant;
  • salary slips;
  • income tax returns;
  • documents evidencing any debts;
  • receipts for household, personal and children’s expenses; and
  • any other documents that may be relevant to the parties’ means.

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