Maintenance of Wife and Children

MAINTENANCE OF WIFE AND CHILDREN

Definition of Maintenance

Black’s Law Dictionary defines maintenance as:-

·  Financial support given by one person to another;

·  A fixed amount of money to be paid upon divorce by one former spouse to the other, in a lump sum or in instalments.

Who can apply for Maintenance?

Maintenance for wives:-

·  Wives (under section 69(1) of WC for wives who are still married to their husbands)

Maintenance for children (section 69(3) of WC):-

·  Parents or guardians with actual custody of the children

·  Children themselves (if above 21 years of age)

·  Siblings (above 21 years of age)

·  A person appointed by the Minister

Maintenance for children

Section 69(5) of WC:- Court not to make order for maintenance for a child who has attained the age of 21 years unless satisfied the provision of maintenance is necessary because:-

(a)  of a mental or physical disability of the child;

(b)  the child is or will be serving full time national service;

(c)  child still studying or undergoing training for a trade, profession or vocation (whether or not while in gainful employment);

(d)  special circumstances which justify the making of the order.

Fresh maintenance

Fresh maintenance orders are made under section 69 of the WC.

Subsequent applications

The maintenance order made under section 69 of the WC may be:-

·  Enforced (under section 71 of the WC) – when there are defaults by the paying party

·  Rescinded or Varied (under section 72 of the WC) – when there is a change in circumstances or other good cause

Process for MSS Applications

Filing of the complaint

Swearing or affirmation before the Duty Judge

Service of Summons

[Mediation at MMC (if parties are agreeable)]

If successful, recording of If unsuccessful, mention

consent order before Duty at Family Court 1

Judge

Further mention

Trial (Open Court)

Making of the court order

Fresh Maintenance Cases

Note that the list of factors for consideration by the Court is found in section 69(4) of the WC.

For the purposes of assistance by UCF volunteers, there are two things for special attention:-

1)  Income of the paying party – normally through salary slips, income tax assessment forms etc.

2)  Expenses of the receiving party – normally through receipts, statements etc.

Other documents in support:-

1)  CPF statements

2)  Letter of employment

3)  Updated passbooks or bank statements

The question that the Court asks will be this:-

Looking at the factors, what will be a reasonable maintenance for the party applying for maintenance?

Rescission or Variation

Legal principle:

There must be a material change in circumstances (Awcock David Charles v Riches Lynette Nora 1998 SGHC 323)

Some examples of a material change in circumstances:-

1)  Increase in the expenses of the children as they are growing up

2)  Loss of employment on the part of the paying party

3)  Terminal illness

4)  Re-marriage

Enforcement of maintenance order

·  Complainant will need to produce the maintenance order she intends to enforce.

·  The Court will need to determine or parties can agree on the amount of arrears that are outstanding.

·  Calculation of arrears:-

The respondent shall pay the complainant a sum of $500 as her maintenance with effect from 15 July 2009 and thereafter on the 15th of every month.

The respondent stopped paying since February 2010.

What are the arrears as at:-

13 May 2010?

19 May 2010?

·  Once the complainant proves the amount of arrears outstanding, it will then be for the respondent to show cause at the show cause hearing as to why the maintenance was not paid.

·  Powers of the Court (see section 71 and Part IX of the WC)

-  Payments of arrears in instalments (with or without Respondent to Show Payment)

-  Imprisonment (up to one month for each month of maintenance unpaid)

-  Order the amount to be levied

-  Garnishee orders

-  Attachment of earnings order

·  “Limitation period”

It is important to note that section 121(3) of the WC provides that no amount owing as maintenance shall be recoverable in any suit if it accrued more than 3 years before the institution of the suit unless the Court, under special circumstances, otherwise allows.