Maintenance - Amarjit Sidhu Law

Maintenance is a form of financial support and may be imposed such that one party provides for the other party or their children’s’ living expenses. A Maintenance Order is a court order stating that a divorced or legally separated person must pay his/her former partner a regular sum in order to cover the costs of living.

However, this order isn’t limited to just marriages. A maintenance order may also be imposed for children who are financially capable to provide maintenance for their elderly parents, but choose not to do so due to the strained relationship between them.

Who can apply for a Maintenance Order
Factors determining whether a maintenance order should be imposed
Factors determining the amount of maintenance payable
How long will the maintenance order last?
What if the other party defaults on maintenance payments?
Application for Maintenance Orders at the Family Justice Courts (FJC)
Post-Application Process

Who can apply for a Maintenance Order?

Under section 69 of the Women’s Charter, the following persons may apply for a maintenance order:

S 69(1): A wife may apply for a maintenance order from her husband if he neglected or refused to provide reasonable maintenance for her.
S 69(1A): An incapacitated husband may apply for a maintenance order from his wife if she neglected or refused to provide reasonable maintenance for him.
S 69(2): A child may apply for a maintenance order from a parent if the parent neglected or refused to provide reasonable maintenance for the child who is unable to maintain himself.
S 69(5): A child who has attained the age of 21 years may apply for a maintenance order from a parent under s 69(2) if
- The child has a mental or physical disability;
- The child is or will be serving full-time National Service; or
- The child is still a full-time student.

Under section 3 of the Maintenance of Parents Act, the following persons may be able to apply for a maintenance order:

S 3(1): A person domiciled and resident in Singapore over the age of 60 and who is unable to maintain himself adequately may apply for a maintenance order from his/her children.
S 3(4): A parent is unable to maintain himself if his total or expected income and other financial resources are inadequate to provide him with basic amenities and basic physical needs including shelter, food, medical costs and clothing.
S 3(2): The organisation or approved person whose care the parent resides in may apply for a maintenance order from the children to defray the cost of maintaining the parent.
S 3(5): A person who is under the age of 60 may apply for a maintenance order from his/her children under s 3(1) if

The parent suffers from a mental or physical illness that prevents him from maintaining or makes it difficult for him to maintain himself; or
The parent has other special reasons for requesting maintenance.

Upon application, the court will consider all the circumstances of the case, including:

Parties’ financial needs;
Parties’ income earning capacity (if any), property and other financial resources;
Whether the party has any physical or mental disability;
Contributions made by each party to the family welfare, including looking after the home or caring for the family, and the conduct of the parties;
Standard of living enjoyed before the neglect or refusal; and
In the case of a child, the manner in which he/she was being, and in which the parties to the marriage expected him/her to be educated or trained.

Factors determining whether a maintenance order should be imposed

Section 69(4) of the Women’s Charter states that the following circumstances are taken into account when determining whether a maintenance order should be imposed:

the financial needs;
the income, earning capacity (if any), property and other financial resources;
any physical or mental disability;
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 party seeking maintenance before the other party (the other spouse or parent) neglected or refused to provide reasonable maintenance ;
in the case of a child, the manner in which he was being, and in which the parties to the marriage expected him to be, educated or trained;
the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.

Section 5(1) of the Maintenance of Parents Act states that a maintenance order may be imposed

when it is just and equitable that the children should provide maintenance for their parent; and
the child, after taking care of his own family needs, is still financially capable of supporting his parent; and
the parent is unable to maintain himself.

Some factors and circumstances that will be taken into consideration in determining whether a maintenance order should be imposed are listed in Section 5(2) of the Maintenance of Parents Act:

the financial needs of the parent, taking into account reasonable expenses for housing and medical costs;
the income, earning capacity, property and other financial resources of the parent and the manner in which the parent has spent his savings or dissipated his financial resources;
any physical or mental disability of the parent;
the income, earning capacity, property and other financial resources of the children;
the expenses incurred by the child in supporting his spouse or children;
the contributions and provisions, whether financial or otherwise, which the child has made for the maintenance of the parent.

What factors are considered when determining the amount of maintenance payable?

The factors and circumstances considered by the Court are listed in section 114 of the Women’s Charter:

the income, earning capacity, property and other financial resources;
the financial needs, obligations and responsibilities;
the standard of living enjoyed by the family before the breakdown of the marriage;
the age of each party;
the duration of the marriage;
any physical or mental disability;
the contributions made by each of the parties to the marriage to the welfare of the family; and
In proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (eg, pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

Some factors and circumstances considered when determining the amount of maintenance payable under the Maintenance of Parents Act include:

S 5(3) & 5(4): Where the child proves that the parent had abandoned, abused or neglected the child that the parent is seeking maintenance from, the application may be dismissed or the quantum of maintenance may be reduced.
S 5(5): Where there is more than one child that the parent is claiming maintenance from, the amount may be apportioned

If, and when you do obtain a Maintenance Order, it will state:

The amount of maintenance to be paid;
When it is to be paid;
To whom it is to be paid; and
The method of payment – whether payment is made to the Complainant directly or deposited into the Complainant’s bank account. Payment to a bank account is preferred as there will be evidence of payment.

How long will the maintenance order last?

Section 117 of the Women’s Charter states that the maintenance order will last until

where the maintenance is unsecured:
1. either spouse or former spouse dies; or
2. when the former spouse remarries.
where the maintenance is secured:
1. when the spouse dies; or
2. when the former spouse dies or remarries.

Where child maintenance is concerned, the maintenance order will last until the child reaches 21 years of age. For children of 21 years or older, a maintenance order will only continue to receive maintenance if it is proven that:

the child has a mental or physical disability;
the child is or will be serving full-time National Service; or
the child is still a full-time student.

Section 7 of the Maintenance of Parents Act states that the maintenance order will last until

where the maintenance is unsecured: either death of the parent or the child he is seeking maintenance from, whichever is earlier; or
1. Where a maintenance order was made against more than one respondent, the death of one of the respondents will not affect the liability of the rest;
2. The parent may apply to reapportion the maintenance amount among the surviving respondents;
where the maintenance is secured: the death of the parent.

What can I do if the other party defaults on payment of maintenance?

Section 71 of the Women’s Charter sets out the enforcement measures that may be imposed on the obliged party should they default on their payment of maintenance. These measures are also applicable to defaulting parties under the Maintenance of Parents Act:

A fine imposed for every breach of the order;
An imprisonment term not exceeding one month for each month’s allowance remaining unpaid (The defaulting party still has to pay for any unpaid maintenance. The court may reduce the amount as it thinks fit);
A garnishee order may be imposed; or
The defaulting party may be ordered to furnish security for against any future default in maintenance payments by means of a bankerʼs guarantee (notwithstanding that the unpaid amount has been paid off in part or in whole);
1. For an amount not exceeding 3 months of maintenance payable; and
2. That shall be valid for a period to be determined by the court not exceeding 3 years, starting from the date of order the security is made.
The defaulting party may be ordered to undergo financial counselling or other similar or related programmes if it is in the interests of the parties (notwithstanding that the unpaid amount has been paid off in part or in whole);
Make a community service order requiring the person to perform any unpaid community service for up to 40 hours under the supervision of a community service officer (notwithstanding that the unpaid amount has been paid off in part or in whole).

Application for Maintenance Orders at the Family Justice Courts (FJC)

The Family Justice Court (“FJC”) deals with applications for maintenance orders as well as the enforcement of existing maintenance orders.

Step 1: Submission of documents and information on iFAMS Application

You are encouraged to submit your application in draft and documents online by iFAMS before going down to FJC. Before beginning on your iFAMS application, do ensure that you have your SingPass ID and password.

Login to iFAMS (https://ifams.gov.sg/sop/#iFAMS) and click “Maintenance Order Application”
Proceed to fill in the online form.
Save your work and choose whether you wish to verify your application and documents at the Court or at an authorised agency.

Step 2: Verify the relevant documentations to FJC

When you go down to FJC, do ensure that you bring along the following documents and identification:

Your identity card;
Photocopy of your marriage certificate (if applicable);
Photocopy of your birth certificate(s) of your child(ren) (if applicable); and
Photocopy of the Order of Court for maintenance that you wish to enforce (if applicable).

Step 3: Attending before a Judge

You will appear before a Judge, who will consider your application and may ask you questions on your application. You will have to swear or affirm that the contents of your application and your answers to the Judge are true and correct.

Complainant and Respondent

The “Complainant” is the person filing the application for the maintenance order while the “Respondent” is the person against whom you are filing the application for the maintenance order.

Post-Application Process

Step 1: Service of Summons

Once your application is ready, the Judge will issue a summons to the Respondent which will contain the date of first mentions of the case. Both the Respondent and the Complainant will be required to attend the first mentions date.

Step 2: First Mentions

The complaint will be read at the first mentions. If the Respondent consents to the application and the Court is satisfied, a consent order can be recorded.

Step 3: Mediation

If there is no resolution after the complaint is read, the Court may direct parties to attend a mediation session. After the mediation session, parties will be directed to Family Court No.1 before the Judge. If there is a resolution and the Respondent consents to the application and the Court is satisfied, a consent order can be recorded by the Judge.

Step 4: Hearings

If the mediation session concludes without any resolution, the Judge in Family Court No.1 will give directions for parties to prepare for the parties’ and witnesses’ statements and documents for the hearing. This will usually comprise of

the parties’ bank statements;
the parties’ CPF statements,
The parties’ salary slips,
IRAS Notices of Assessment; and
Lists of personal monthly expenses.

These documents will be exchanged and filed on a later date at Family Court No. 1. Once the Judge is satisfied that all relevant documents are filed and the parties are ready for hearing, a hearing date will be fixed.

Should the parties or any of the witnesses are not conversant with the English Language, they should request for an Interpreter. Each party must also ensure that their witnesses are available to attend the hearing.

Engaging a Lawyer

If you are currently in a situation that requires mediation or legal advice, it’s best to consult a lawyer who will be able to guide you through your options.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years from traffic offences, high-profile criminal cases – to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.