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Divorce Process: Child Maintenance in Singapore

One of the elements that are involved in divorce procedures may be to obtain child maintenance or child support from your spouse. In this article, we will go through some of the details involving this aspect of divorce proceedings.

Regulations Governing Child Maintenance

Child maintenance is an obligation that bounds parents to pay for child support, which also includes children born outside marriage, adopted children and even grown-up adult children under specific circumstances. The court can order payment of child maintenance in the form of a monthly allowance, or a lump sum.

Children are also eligible for maintenance until they reach the age of 21, regardless of whether they are living in the same residence as their parents or not. Similarly, both birth children and adopted children have the same rights for such support. This also applies to children who are born outside of marriage with proof of the biological relationship between the birth parents and the children. This duty still exists even if either spouse has remarried.

However, there are also special cases whereby children can receive maintenance even after they have reached the age of 21. These cases include:

What Factors Are Considered by The Court in Granting Child Maintenance?

Basically, the court considers the factors that are spelled out in section 69(4) of the Women’s Charter in its decision to grant child maintenance. These include:

Enforcement Measures Governing Child Maintenance

If your spouse fails to comply with the terms of the maintenance order, you can apply to the Family Justice Courts for the maintenance arrears to be enforced against your spouse. In addition, the recipient of 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.

Other enforcement measures against the defaulting spouse also include imprisonment for a defaulted monthly payment of maintenance and ordering the defaulting parent to set up security against any future delay

In any case, it is still advisable to consult an experienced family lawyer to make certain that the application process is adequately followed in the shortest possible time and ensure that all obligations are met whether you are the recipient spouse, child guardian looking for reasonable maintenance or a paying ex-husband.

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