Women’s Charter 1961 - Singapore Statutes Online

PART 8

MAINTENANCE OF WIFE,
INCAPACITATED HUSBAND AND CHILDREN

[7/2016]

Duty of parents to maintain children

68. Except where an agreement or order of court otherwise provides, it shall be the duty of a parent to maintain or contribute to the maintenance of his or her children, whether they are in his or her custody or the custody of any other person, and whether they are legitimate or illegitimate, either by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his or her means and station in life or by paying the cost thereof.

Court may order maintenance of wife, incapacitated husband and children

69.—(1) The court may, on the application of a wife, and on due proof that her husband has neglected or refused to provide reasonable maintenance for her, order the husband to pay monthly sums or a lump sum for the maintenance of that wife.

[7/2016]

[Act 18 of 2023 wef 31/01/2024]

(1A) The court may, on the application of an incapacitated husband, and on due proof that his wife has neglected or refused to provide reasonable maintenance for him, order the wife to pay monthly sums or a lump sum for the maintenance of that husband.

[7/2016]

[Act 18 of 2023 wef 31/01/2024]

(1B) The court may make an order under subsection (1) or (1A) regardless when the marriage was solemnised, whether before, on or after 1 July 2016.

[7/2016]

(2) The court may, on due proof that a parent has neglected or refused to provide reasonable maintenance for his or her child who is unable to maintain himself or herself, order that parent to pay monthly sums or a lump sum for the maintenance of that child.

[27/2014]

[Act 18 of 2023 wef 31/01/2024]

(3) An application for the maintenance of a child under subsection (2) may be made by —

(a)	any person who is a guardian or has the actual custody of the child;
(b)	where the child has attained 21 years of age, by the child himself or herself;
(c)	where the child is below 21 years of age, any of his or her siblings who has attained 21 years of age; or
(d)	any person appointed by the Minister.

(4) The court, when ordering maintenance for a wife, an incapacitated husband or a child under this section, is to have regard to all the circumstances of the case including the following matters:

(a)

the financial needs of the wife, incapacitated husband or child;

(b)

the income, earning capacity (if any), property and other financial resources of the wife, incapacitated husband or child;

(c)

any physical or mental disability of the wife, incapacitated husband or child;

(d)

the age of each party to the marriage and the duration of the marriage;

(e)

the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(f)

the standard of living enjoyed —

(i)	by the wife before her husband neglected or refused to provide reasonable maintenance for her;
(ii)	by the incapacitated husband before his wife neglected or refused to provide reasonable maintenance for him; or
(iii)	by the child before a parent neglected or refused to provide reasonable maintenance for the child;

(g)

in the case of a child, the manner in which the child was being, and in which the parties to the marriage expected the child to be, educated or trained; and

(h)

the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.

[7/2016]

(5) The court shall not make an order under subsection (2) for the benefit of a child who has attained 21 years of age or for a period that extends beyond the day on which the child will attain that age unless the court is satisfied that the provision of the 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)	the child is or will be or (if an order were made under subsection (2)) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
(d)	special circumstances, other than those stated in paragraphs (a), (b) and (c), exist which justify the making of the order.

(6) An order under subsection (2) ceases to be in force on the day on which the child attains 21 years of age unless the order is expressed to continue in force for a period ending after that day.

(7) An order under subsection (2) may direct payment to the person having custody or care and control of the child or the trustees of the child.

(8) When ordering the payment of maintenance under this section or at any time after the making of the order, the court may, if it considers just, order the person liable to pay the maintenance to secure the whole or any part of it by vesting any property belonging to the person in trustees upon trust to pay the maintenance or any part of it out of the income from the property, and subject thereto, in trust for the settlor.

(9) [Deleted by Act 18 of 2023 wef 16/01/2025]

Duty to maintain child accepted as member of family

70.—(1) Where a person has accepted a child who is not his or her child as a member of the person’s family, it shall be the person’s duty to maintain that child while he or she remains a child, so far as the father or the mother of the child fails to do so, and the court may make such orders as may be necessary to ensure the welfare of the child, which may include an order that the person pay a monthly sum or lump sum for the maintenance of the child.

[Act 18 of 2023 wef 16/01/2025]

(2) The duty imposed by subsection (1) ceases if the child is taken away by his or her father or mother.

(3) The court, when making any order under subsection (1) that the person pay a monthly sum or lump sum for the maintenance of the child, is to have regard to all the circumstances of the case, including the matters in section 69(4) where appropriate and with the necessary modifications.

[Act 18 of 2023 wef 16/01/2025]

(4) An application for an order under subsection (1) may be made by —

(a)	any person who is a guardian or has the actual custody of the child;
(b)	where the child has attained 21 years of age, the child himself or herself;
(c)	where the child is below 21 years of age, any of his or her siblings who has attained 21 years of age; or
(d)	any person appointed by the Minister.

(5) Subsections (5) to (8) of section 69 apply, with the necessary modifications, to the making of an order under this section.

[Act 18 of 2023 wef 16/01/2025]

Recovery of sums expended to maintain child accepted as member of family

70A.—(1) The court may, on an application by a person maintaining a child by virtue of his or her duty under section 70(1), order the father or mother of the child, or both, to pay to that person an amount specified by the court, being the sum or part of the sum expended by the person in the maintenance of that child.

(2) The court, when making an order under subsection (1), is to have regard to all the circumstances of the case, including the matters in section 69(4) where appropriate and with the necessary modifications.

(3) No sum expended by a person in the maintenance of a child is recoverable in any application under subsection (1) if the sum was expended more than 3 years before the making of the application unless the court, under special circumstances, otherwise allows.

(4) Any sums ordered to be paid by the court under subsection (1) are recoverable as a debt in accordance with the Family Justice Rules.

[Act 18 of 2023 wef 16/01/2025]

Court’s power to make attachment of earnings order for maintenance under section 69 or 70, etc.

71.—(1) A court may, when making a maintenance order under section 69 or 70 or at any time thereafter, if the court considers just, make an attachment of earnings order under this section to secure payment of any maintenance that will become payable under the maintenance order.

(2) A Family Court may make an attachment of earnings order under this section to secure payments payable under a maintenance order made under section 69 or 70 by the General Division of the High Court.

(3) No application for an attachment of earnings order under subsection (1) or (2) in respect of a maintenance order, and no application to vary or discharge such an attachment of earnings order, may be made if proceedings under Part 9 for the enforcement of the same maintenance order are pending.

(4) Sections 91C to 91K apply, with the necessary modifications, to an attachment of earnings order under subsection (1) or (2).

(5) In this section, “attachment of earnings order” has the meaning given by section 76(1).

[Act 18 of 2023 wef 16/01/2025]

71A. [Repealed by Act 18 of 2023 wef 16/01/2025]

71B. [Repealed by Act 18 of 2023 wef 16/01/2025]

71C. [Repealed by Act 18 of 2023 wef 16/01/2025]

Rescission and variation of order

72.—(1) On the application of any person receiving or ordered to pay monthly sums under this Part and on proof of a change in the circumstances of that person, or that person’s wife, incapacitated husband or child, or for other good cause being shown to the satisfaction of the court, the court by which the order was made may rescind the order or may vary it as it thinks fit.

[7/2016]

[Act 18 of 2023 wef 31/01/2024]

(2) Without affecting the extent of the discretion conferred upon the court by subsection (1), the court may, in considering any application made under this section, take into consideration any change in the general cost of living which may have occurred between the date of the making of the order sought to be varied and the date of the hearing of the application.

Power of court to vary agreement for maintenance of child

73. The court may, at any time and from time to time, vary the terms of any agreement relating to the maintenance of a child, whether made before or after 1 June 1981, despite any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so.

74. [Repealed by Act 18 of 2023 wef 16/01/2025]

Application of Act to orders made under repealed Minor Offences Ordinance, etc.

75.—(1) All orders made under section 37 of the repealed Minor Offences Ordinance (Cap. 24, 1936 Revised Edition) or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance (Cap. 44, 1955 Revised Edition) and in force on 15 September 1961 are deemed to have been made under this Part by a court, and the provisions of this Part and Parts 9 and 9A apply to the same accordingly.

[27/2014]

[Act 18 of 2023 wef 16/01/2025]

(2) Upon an application to vary any order made under section 37 of the repealed Minor Offences Ordinance (Cap. 24, 1936 Revised Edition) or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance (Cap. 44, 1955 Revised Edition), the court may make under section 72 any order which it could have made upon an application under section 69 or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance (Cap. 44, 1955 Revised Edition).

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