You need help with child maintenance in Singapore, but you’re unsure where to start. Navigating child maintenance laws can be stressful, and without the right legal guidance, you may struggle to secure the financial support your child deserves.

At Tembusu Law, we understand the challenges parents face when dealing with child maintenance in Singapore.

Our experienced family law team provides clear, strategic legal solutions to help you obtain fair and enforceable maintenance orders.

In Singapore, parents have a legal duty to provide financial support for their children, regardless of their marital status. This obligation is set out under the Women’s Charter, which mandates that both parents contribute to their child’s upbringing until they reach adulthood. The law recognises that a child’s welfare should be prioritised, ensuring they have access to basic needs such as education, food, medical care, and housing.

Even after a divorce or separation, both parents remain responsible for child maintenance. The amount each parent contributes depends on their financial capacity and the child’s needs. The court considers various factors when determining the appropriate level of maintenance, ensuring that the child continues to receive adequate care.

Failure to meet child maintenance obligations can result in legal consequences, including enforcement actions or penalties. If a parent refuses to comply with a maintenance order, the other parent can take legal steps to ensure payments are made.

A child in Singapore is legally entitled to financial support from both parents until they turn 21 years old. However, in certain circumstances, a child may be eligible for continued maintenance beyond this age, particularly if they:

• Have a physical or mental disability that prevents them from being financially independent
• Are pursuing further education, such as university or vocational training
• Are serving full-time National Service, delaying their ability to support themselves
• Have other special circumstances that justify continued financial support

Child maintenance applies to all children, including those born out of wedlock. The court ensures that every child receives adequate financial assistance, regardless of their parents’ marital status.

If a parent refuses to provide maintenance voluntarily, the child’s legal guardian or custodian can apply for a child maintenance order through the Family Justice Courts.

If one parent fails to provide financial support, the custodial parent or guardian can file an application for child maintenance through the Family Justice Courts in Singapore. The process involves several key steps:

1. Filing an Application – The applicant submits a maintenance application at the Family Justice Courts, providing details of the child’s financial needs and the parent’s failure to provide support.
2. Mediation – The court may arrange for mediation sessions to encourage both parties to reach a mutually agreeable maintenance amount.
3. Court Hearing – If mediation is unsuccessful, the case proceeds to a hearing where both parties present evidence, including financial statements and details of the child’s expenses.
4. Issuance of a Maintenance Order – The court will decide on the appropriate maintenance amount based on factors such as the child’s needs, the parents’ financial situation, and the standard of living before separation.
5. Enforcement of the Order – If the parent fails to comply with the maintenance order, legal action can be taken, including wage deductions or penalties for non-payment.

There’s a common misconception that your husband must pay whatever amount of maintenance that you demand regardless of the circumstances that you’re in. The reality is that the amount of spousal maintenance amount that the Court will award depends on a number of different factors such as your own income, employment and employability – this can sometimes result in an outcome where the Court will award nominal maintenance or no maintenance to you depending on your own financial circumstances.

For example, nominal maintenance can be awarded by the Court to preserve your rights to request an increased amount in the future (such as if you later become ill, retrenched or unable to work) even though you may currently not need any spousal maintenance.

Monthly maintenance can be ordered for your husband to pay a fixed monthly sum (until such time that the amount is changed by mutual agreement or a Court Order).

Lumpsum maintenance can be ordered if you take the view that it is safer and smoother to take a lump sum amount upfront to have a clean break with your husband in terms of his financial support and if you prefer to avoid the risk of him failing to consistently pay monthly maintenance which may suddenly leave you in a more vulnerable financial position in terms of being able to continue paying for your expenses.

The Court can also order that no maintenance should be paid by your husband – this can be the case if your marriage is very short, if your level of income is enough to reliably sustain your own expenses or if you are being paid a salary significantly higher than your husband’s.

When it comes to Child Support and Child Maintenance, both parents are legally required to contribute towards paying for the children’s expenses – the Court will tabulate the reasonable expenses required for bringing up the children and often apportion the amount of each parent’s contribution proportionate to their own level of income and expenses.

If you would like to understand more about this subject and how the issues discussed in this article may affect you, get in touch with our lawyers today.