Child Maintenance Outside of Divorce Proceedings

i. Interim Child maintenance

If divorce is not filed yet, application can still be made through making a Magistrate’s Complaint, as follows:
Submitting a draft application online via iFAMS (Integrated Family Application Management Systems). You will need the following documents for the application:

• The child’s birth certificate
• Syariah Court divorce order (for applications for child maintenance following a Muslim divorce)
• Identification document such as NRIC or passport

If application is in order, the court will issue a summons to the spouse the application was taken against. The summons will then be served on that spouse. A summary of what happens in court after that is as follows:

• If your spouse shows up in court, a court officer will read your application to your spouse. If your spouse agrees to your application, the court can record a consent order (i.e. a court order confirming what the parties have agreed to).
• If your spouse fails to show up that day, a warrant of arrest will be issued against him.
• If you fail to show up that day, your application will be struck out.
• If your spouse does not agree to your application, the court may send the matter for mediation. If both of you manage to settle the matter, the court can record a consent order.
• If mediation fails, both of you will be given a court date to start the process of the court deciding on the matter on both parties’ behalf.

You should also bring to court the financial documents listed in paragraph 25(1)(a) of the Family Justice Courts Practice Directions to help the court decide how much maintenance to grant:

• List of monthly expenses for yourself
• List of monthly expenses for your child
• Documents and receipts to prove such monthly expenses
• Documents to prove the respective debts of yourself and your spouse (if any)
• Your payslips and Central Provident Fund (CPF) statements for the last 6 months
• Evidence of your employment (e.g. employer’s letter or employment contract)
• Your Notice of Assessment of Income for the past 3 years
• Your updated bank passbooks and/or updated bank statements (including sole and joint accounts)
• Your updated bank passbooks and/or updated bank statements (including sole and joint accounts)

3. Can You Change the Terms of the Child Maintenance Order Later On?

Maintenance order can be varied if it has been proven to the court that there has been a material change in circumstances which require a variation of the order, or if there is a good cause for the variation. Variation of maintenance order can be applied by either parent. The parent paying the maintenance can apply to reduce the amount of maintenance or the receiving parent can apply for increasing the maintenance.

4. What If My Spouse Refuses to Comply with the Terms of the Child Maintenance Order?

If the paying parent fails to comply with the terms of the maintenance order, the receiving parent can apply to the Family Justice Courts for the maintenance arrears to be enforced against your spouse.
You should bring along the following documents listed in paragraph 25(1)(b) of the Family Justice Courts Practice Directions:

• The calculations for the amount of maintenance arrears
• The updated bank passbooks and/or updated bank statements of both yourself and your spouse (especially for the period when the maintenance was not paid)

A divorce lawyer will be able to best advise you on the exact application process and the amount of child maintenance you may be able to expect to obtain based on your unique circumstances. You may approach one of our trusted divorce lawyers if you wish to explore the possibility of obtaining maintenance for your child further.