MAINTENANCE & DIVISION OF ASSETS

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WHAT IS MAINTENANCE?


This refers to a court order that requires a person or persons to give at least a determined sum of money to an individual stated in that order.

WHO IS ELIGIBLE FOR MAINTENANCE?


The following is a list of people who are eligible to apply for maintenance:

  • A child whose parents have undergone a divorce
  • Any wife who has been neglected by the husband during marriage or separation
  • Any ex-wife

PERIOD OF MAINTENANCE


Maintenance for a child will usually expire when the child reaches his 21st birthday or when the child becomes financially independent. However, if the child suffers from any physical or mental disabilities, the maintenance order may continue until he recovers from that disability, even after he turns 21.

CONSIDERATIONS


Under the law, both parents are required to pay maintenance to a child. The order may state that this sum of money to paid to the parent who has the custody of the child. The following considerations would be made by the judge when considering the amount of maintenance:

  • Education
  • Food
  • Lodging
  • Injury
  • Physical disability
  • Mental disability

For a wife / ex-wife, the judge will try to place them in the same standard of living if the marriage had not broken down. The following considerations would be made by the judge when considering the amount of maintenance:

  • Income of both parties
  • Financial needs of both parties
  • Obligations and responsibilities of both parties in the future
  • Age
  • Duration of marriage
  • Standard of living enjoyed during the marriage

THE PROCEDURE


Below is a rough outline if one wishes to apply for maintenance, or for the enforcement for an existing Maintenance Order. Note that the person applying for maintenance is referred to as the Complainant and the other person is the Respondent.

APPEALS


An appeal to the Judge of the High Court may be filed if one is not satisfied with the Maintenance Order. In order to file for an appeal, a Notice Of Appeal (Form 114) must be filled up in the Civil Registry of the Subordinate Courts. A sum of $2000 and $3000 has to be paid as security for the other party’s cost of appeal against a Magistrate’s Order and District Judge Order respectively.

RESPONDENTS NOT LIVING IN SINGAPORE


One may file a Magistrate’s Complaint against a person who does not live in Singapore only if one knows the address of the respondent and the country the respondent resides in has made arrangements with Singapore regarding maintenance matters.
 
 
 
FAMILY LAW
•   Divorce  
•   Maintenance & Division of Assets  
•   Custody of Children  
•   Separation Deed  
•   Annulment of Marriage  
 
 
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