When Lisa (not her real name) separated from her husband, her priority was keeping life stable for their four-year-old son. What she didn’t anticipate was suddenly shouldering the full burden of household bills.

Her ex-husband stopped contributing – not only toward their car loan, but also their son’s expenses and the Housing Development Board (HDB) mortgage – leaving her scrambling to meet payments.

During their five-year marriage, the tech executive and her husband shared costs evenly, covering their son’s kindergarten fees, swimming lessons, and Chinese classes.

“I never expected him to cut off our son financially,” the 35-year-old said. She eventually sought legal assistance to ensure he met his responsibilities.

Lisa’s experience is not uncommon. Non-payment of maintenance remains a persistent issue among divorced couples, even though the law makes enforcement possible. According to the Family Justice Courts, around 2,700 maintenance enforcement applications were filed in 2023. Some defaulters cite financial difficulties, while others simply refuse to pay out of resentment.

How Child and Spousal Maintenance Is Determined

Both child and spousal maintenance are governed by the Women’s Charter, which considers the child’s needs and each parent’s financial capacity.

Child Maintenance

Child maintenance covers daily and developmental expenses, including food, schooling, and healthcare. Both parents submit supporting documents, such as payslips and receipts, to determine a fair monthly contribution.

Family lawyer Rajan Chettiar, managing director of Rajan Chettiar LLC, explained: “Parents should agree on a list of expenses for their child. If they cannot, the Family Justice Courts will decide a reasonable amount based on each parent’s income. For example, a husband earning two-thirds of the household income may be required to cover two-thirds of child-related costs.”

Maintenance obligations typically end when the child turns 21, but may continue if the child is in tertiary education or serving National Service, where allowances are factored in. Expenses for special needs or medical care are prioritised, while luxuries such as overseas holidays are usually excluded.

Chettiar adds, “Standard of living is not a major factor in maintenance assessments.”

Spousal Maintenance

Spousal maintenance is not automatic. It applies only if the spouse demonstrates financial need and the other party is able to provide. Mathea Lim, Of Counsel at Kith & Kin Law Corporation, explained: “If the division of matrimonial assets already balances both parties financially, spousal maintenance may not be awarded.” Courts consider reasonable expenses and earning potential when deciding.

When Maintenance Payments Stop

Most maintenance enforcement cases in Singapore – over 97% – are initiated by women, with roughly 30% involving child maintenance.

For single mothers juggling work and caregiving, non-payment can feel like financial betrayal and adds significant stress.

Lisa said, “I thought that if he wanted to be present for our son emotionally, the least he could do was financially. I didn’t expect I would have to go to court just to get school fees and childcare covered.”

Lim noted that filing through iFAMS – the Integrated Family Application Management System – is practical, as the digital process tracks arrears and maintains a record of evidence.

Once filed, both parents attend mediation. If unresolved, a Court Mention occurs, where a judge gives procedural directions. Cases that remain unsettled proceed to trial, and the judge’s orders become legally binding.

Enforcing Maintenance Orders

If a parent ignores court orders, a Summons for Enforcement can be filed. The Family Justice Courts may then take actions such as:

• Issuing a Banker’s Guarantee for future payments, usually covering three months.

• Deducting maintenance directly from earnings.

• Ordering community service or a jail term of up to one month for wilful non-compliance.

• Reporting arrears to credit bureaus or directing third parties to pay the spouse instead.

Courts differentiate between genuine inability to pay and deliberate evasion, taking a tougher stance against parents with sufficient means who refuse payment. Spending on personal or new-family expenses without paying maintenance can be penalised.

Maintenance for Muslim Families

For Muslim mothers, divorce matters are handled by the Syariah Court (SYC), with enforcement through the Family Justice Courts. Three forms of maintenance exist:

• Nafkah – ongoing support for spouse and children.

• Nafkah iddah – financial support for the wife during the waiting period post-divorce.

• Nafkah mutaah – a consolatory gift recognizing marital contributions.

Maintenance can be applied for before, during, or after divorce proceedings if the child is under 21, or older but still studying or serving National Service.

Ahmad Nizam Abbas, managing director of Crescent Law Chambers LLC, noted that courts ensure fathers meet responsibilities within their means, examining potential under-reporting of income or inflated expenses.

Support and Resources

The financial and emotional burden of pursuing maintenance can be daunting, but resources exist. Women unable to afford legal fees may navigate iFAMS independently or seek assistance from the Legal Aid Bureau, which provides subsidised representation.

The Singapore Council of Women’s Organisations (SCWO) offers Maintenance Support Central for guidance, legal aid referrals, and emotional support. AWARE Singapore provides counselling through the Women’s Helpline. Community organisations like APKIM Centre for Social Services (ACOSS) and PPIS offer casework support for Muslim women.

For complex cases, the Law Society’s Pro Bono Services can assist through the Community Justice Centre at the State Courts.

Ultimately, enforcing child maintenance is about ensuring fairness and stability for children, even after relationships end.

Lisa reflected, “It wasn’t about winning. It was about making sure my son gets what he deserves – a father’s responsibility and a fair chance at growing up.”