Thursday, 20 August 2015

Singapore Divorce: Child Maintenance Issues

Who is Responsible for Child Maintenance?
Under Section 68 of the Women’s Charter, it is the duty of parents to maintain their children, whether or not they are in his or her custody. Under Section 46(1), both mother and father are equally responsible in caring and providing for the children.
Child Maintenance includes paying for the costs of the child’s accommodation, clothing, food and education.
How does the Court rule on Child Maintenance Orders?
When ruling on a Child Maintenance Order, the court will consider all the circumstances of the case. The main factors that the court will consider are:
  • The financial needs of the child; and
  • The ability of the parent who is being sued for maintenance to meet these needs.

Other factors that the court will take into consideration are listed in Section 69(4) of the Women’s Charter include:
-         whether the child has any mental or physical disability
-         the manner in which the child was being (and expected to be) raised and educated
Singapore divorce lawyers can help you understand the process involved in maintenance proceedings.

What will happen when Child Maintenance Costs Increase years down the track?
A Child Maintenance Order will cease once the child turns 21 years old, unless there has been an order made under Section 69(5) to allow the child to continue receiving maintenance from the parent despite having reached adulthood.
As the child grows up, the costs of his clothing, food and education will increase. Thus Section 72 of the Women’s Charter allows for the application for a variation of the Child Maintenance Order.
The court may vary an existing Child Maintenance Order if there is a change in circumstances and the person applying for the variation of the Child Maintenance Order shows proof of that. The court may also consider the changes in the general cost of living when varying a Child Maintenance Order. Seek advice from Singapore divorce lawyer to understand your rights in this issue.
If you need legal advice on Child Maintenance Order or are seeking to vary an existing one, Gloria James-Civetta& Co has a dedicated team of matrimonial lawyers that can help you.
Gloria James-Civetta & Co (“GJC Law”), is an established Law Firm, with one of largest matrimonial law departments in Singapore.
“You don`t just get lawyer – you get an entire team”

Email us or call +65 63370469 to speak to one of our friendly lawyers.

3 comments:

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