Maintenance – getting started (part 2)
Following last month’s recommendations on starting your maintenance claims process, lawyer RAJAN CHETTIAR follows up with answers to more frequently asked questions.
Q. Prior to the divorce, my children and I enjoyed a good standard of living. Will we still enjoy a similar lifestyle?
A. Under Singapore law your ex-husband must maintain the standard of living enjoyed by yourself and your children prior to the breakdown of your marriage. However, in reality there will be some inevitable change in your family’s lifestyle after divorce. You must be prepared for this.
Q. My ex-husband refuses to pay for the children’s extra-curricular activities and other school expenses. Do the children have to stop these activities?
A. No. If he once paid for these activities and your children are continuing to pursue them, you can claim as part of your children’s maintenance. You can also claim maintenance for new activities in school or enrichment classes.
Q. My husband is very calculative with maintenance. Sometimes he’s intentionally tardy with payments. Should I deny him access to the children to improve the situation?
A. Access to the children and maintenance payments are separate matters. You cannot deprive your ex-husband and your children of access just because he doesn’t want to pay maintenance.
Q. What should I do if my expenses have increased after the Court order was made?
A. If your husband is not willing to match your increase, file a variation application to claim for more maintenance and justify your claim in Court. The Court will consider your increase in expenses and your ex-husband’s income and expenses before making an order.
Q. I understand my ex-husband stops paying me maintenance if I remarry. What happens if he remarries and has children from the new marriage?
A. He still has to fulfil his obligations to his former wife and children from the first marriage.
Q. What happens to the maintenance order if my ex-husband or I move out of Singapore?
A. He is still bound by the Singapore Court order to continue his payments.
Q. When does my ex-husband’s duty to support our children end?
A. When they reach 21 years of age, or have completed their tertiary education after turning 21.
A. When they reach 21 years of age, or have completed their tertiary education after turning 21.
Rajan Chettiar
Commissioner for Oaths, Mediator LLB (Honours), Barrister-at-law (Middle Temple), UK
Commissioner for Oaths, Mediator LLB (Honours), Barrister-at-law (Middle Temple), UK
Does short marriage of 2 years deprive my husband from paying wife maintainance? Currently he is paying $600 for child maintainance. Can he request to reduce the payment when the child goes to primary 1?
If a couple has been separated (or living separate lives) for the last 3 years prior to filing for divorce, can the wife claim maintenance based on her lifestyle during the years before the separation?