Answer ... (a) What orders can the Court make in relation to spousal and child maintenance on divorce or judicial separation and how are the relevant amounts calculated?
Pursuant to Section 113 of the Women’s Charter 1961, the court can make an order for a man to pay maintenance to his wife or former wife, or for a woman to pay maintenance to her incapacitated husband or former husband:
- during the course of any matrimonial proceedings (interim orders); and
- when granting or subsequent to the grant of divorce, judicial separation or nullity (final orders).
When determining the amount of maintenance to be paid to a spouse, the court will consider all relevant circumstance of the case, including the factors listed in Section 114 of the Women’s Charter 1961, such as:
- income;
- the earning capacity of the parties;
- the standard of living;
- the age of the parties;
- property;
- other financial resources;
- financial needs and obligations;
- any physical or mental disability; and
- contributions to the family.
A maintenance order for a spouse can be:
- for a period of time;
- until the former wife or the former incapacitated husband remarries; or
- until the death of either spouse or former spouse (Section 117 of the Women’s Charter 1961).
For child maintenance, Section 127 of the Women’s Charter 1961 provides that it may be ordered in such a manner that the court thinks fit. The considerations under Section 69(4) of the Women’s Charter 1961 apply accordingly. A maintenance order for a child applies until the child is 21 years of age or until financially independent.
The focus of the court’s inquiry is the issue of maintenance for the child, considering the financial needs of the child. The overriding objective is that the welfare of the child must be safeguarded and adequate provision must be made for the child’s upkeep (AUA v ATZ [2016] 4 SLR 674).
Generally, when seeking maintenance, a breakdown of reasonable expenses for either the child or the spouse must be provided for the court’s determination. The court will suggest that the parties apply their minds to drawing up a budget (WBU v WBT [2023] SGHCF 3). The court will make an order on the quantum of maintenance having regard to all circumstances of the case, including the factors mentioned above.
(b) What general principles apply to spousal and child maintenance? What specific factors will the Court consider in deciding which orders to make in this regard?
For all matters relating to the child, the court’s paramount consideration is the best interests and welfare of the child (Section 125 of the Women’s Charter 1961). The court will also consider the factors listed in Section 69(4) of the Women’s Charter 1961 in determining child maintenance. Section 68 of the Women’s Charter 1961 states that the duty of parents to maintain their children is also applicable.
As for spousal maintenance, Section 114 of the Women’s Charter 1961 applies. The principles for spousal maintenance differ for interim and final orders. For interim orders, the aim is to provide modest maintenance to help overcome immediate financial need. For final orders, the court aims to give the former wife or former incapacitated husband a fair share of the surplus wealth acquired during the subsistence of marriage. The principle is the financial preservation needed to maintain a wife or incapacitated husband at a standard which is commensurate, to a reasonable extent, to that which she or he enjoyed during the marriage (Foo Ah Yen v Chiam Heng Chow [2012] 2 SLR 506). A spousal maintenance order also plays a complementary role to the division of matrimonial assets and hence, when making orders for spousal maintenance, the court will take into consideration the party’s share of the matrimonial assets (BG v BF [2007] 3 SLR(R) 233).
For a final order of spousal maintenance:
- the courts cannot and should not order nominal maintenance automatically or as a matter of cause. The paying spouse is not to be made a general insurer of sorts (ATE v ATD appeal [2016] SGCA);
- the former spouse is also expected to try to regain some form of self-sufficiency and not expect to depend on the paying spouse for the rest of his or her life (NI v NJ [2007] 1 SLR(R) 75); and
- following amendments to the to the Women’s Charter 1961 in 2016, husbands can now apply for maintenance as long as they are incapacitated by a physical or mental disability, unable to earn a living as a result of the disability and unable to support themselves (Section 2 of the Women’s Charter 1961). In USA v USB [2020] 4 SLR 288, the court found that there was insufficient basis to conclude that Meniere’s disease made the husband incapacitated.
(c) When do spousal and child maintenance expire?
Both spousal and child maintenance may be paid periodically or in a lump sum. Generally, lump-sum maintenance is preferred for spousal maintenance, to ensure a clean break between the parties.
When ordering lump-sum maintenance for the wife, the court may use the formula established in the Court of Appeal case of Ong Chen Leng v Tan Sau Poo [1993] SGCA 53 as a guide to determine the multiplier (ie, the number of years for the lump-sum maintenance) and the multiplicand (ie, the amount of monthly maintenance):
Multiplier = [(Y+Z)/2] - X
where:
- X= Payee’s present age
- Y= Average expectancy of the payee
- Z= Usual retirement age of the payor
In TNL v TNK [2017] SGCA 15, the Court of Appeal made it clear that this formula is simply a guide rather than a rule of law.
For periodic payments of spousal maintenance, the court will consider the number of years for which the spouse should be maintained, taking into consideration her age, income, earning capacity and so on.
The duration of an order also depends on whether it is secured or unsecured (Section 117 Women’s Charter 1961). If it is secured, the payment lasts until the former wife dies or remarries. If it is unsecured, it ends when either party dies or the former wife remarries.
For child maintenance, as the needs of the child will change as he or she grows, periodic payment is preferred. Generally, as per Section 69(6) of the Women’s Charter 1961, child maintenance is to be paid until the child reaches the age of 21 or any later date as agreed by parties. However, the court may order maintenance to continue beyond such age if it is satisfied that provision of maintenance is necessary due to (Section 69(5) of the Women’s Charter 1961):
- the mental/physical disability of the child;
- the child’s full-time National Service;
- the child’s ongoing instruction at an educational establishment or training for a trade, profession or vocation, whether or not while in gainful employment; or
- other special circumstances which justify such a maintenance order.
(d) What happens to spousal and child maintenance after the death of the paying party or if the paying party is an adjudicated bankrupt?
For spousal maintenance, if the periodic payment is unsecured, it will end when the paying party dies (Section 117 of the Women’s Charter 1961).
If the paying party is adjudicated bankrupt, an application for variation can be filed, showing that there has been a material change in circumstances (Section 118 of the Women’s Charter 1961).
(e) Which bodies are responsible for issuing child support orders in your jurisdiction?
The family justice courts.
(f) Does the child support regime vary depending on whether the parents’ relationship was formalised (eg, marriage/civil partnership/co-habitation)?
No, parents have a duty to maintain their children regardless of whether the child is legitimate or illegitimate (Section 68 of the Women’s Charter 1961).
(g) Can a child (adult or minor) make a direct claim for child support? If so, under what circumstances?
If the child is a minor, his or her guardian, any person who has his or her actual custody, or any of his or her siblings over the age of 21 may make the maintenance application on his or her behalf. The court will consider the various factors set out in Section 69(4) of the Women’s Charter 1961 when making such a maintenance order.
If the child is an adult (ie, at least 21 years of age), he or she may make such an application on his or her own. Under Section 69(5) of the Women’s Charter 1961, a child above the age of 21 may be granted maintenance if the court is satisfied that this is necessary because of:
- mental or physical disability of the child;
- the child’s full-time national service;
- the child’s ongoing instruction at an educational establishment or training for a trade, profession or vocation, whether or not while in gainful employment; or
- other special circumstances which justify the making of the order.
(h) What specific considerations and concerns should be borne in mind in relation to child support where the parties have international connections?
When determining the quantum of child maintenance, the jurisdiction in which the child resides will be relevant, as it will be necessary to determine the cost of living in that particular country when determining the reasonable needs of the child.
(i) What are the main enforcement methods to ensure compliance with child support awards? What are the typical consequences of breach?
In Singapore, child maintenance orders are legally binding and enforceable by law. There are several enforcement methods available to ensure compliance with these orders, including:
- the writ of seizure and sale;
- an attachment of earnings order (Section 81 of the Women’s Charter 1961);
- an order for committal (Rule 690 of the Family Justice Rules 2014);
- a levy fine (Section 71(a) of the Women’s Charter 1961);
- imprisonment (Section 71(b) of the Women’s Charter 1961);
- a garnishee order (Section 71(c) of the Women’s Charter 1961); and
- recovery of the outstanding amount as a debt (Sections 74 and 121 of the Women’s Charter 1961).
There are also other mechanisms available, such as:
- furnishing a banker’s guarantee (Section 71A of the Women’s Charter 1961);
- receiving financial counselling (Section 71C of the Women’s Charter 1961); and
- reporting to the designated credit bureau (Section 71(2B) of the Women’s Charter 1961).