When fathers don’t pay child maintenance – what women can do to protect their children

When Lisa (not her real name) separated from her husband, her biggest concern was keeping life stable for their four-year-old son. She didn’t expect to suddenly shoulder the full burden of their household bills. 

Her ex-husband stopped paying his share – not only for their car loan, but their son’s expenses and their Housing Development Board (HDB) flat mortgage, leaving her scrambling to meet payments.

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

“I didn’t expect him to cut off our son like this,” the 35-year-old told CNA Women. She had to seek legal help to ensure he fulfilled his duty of care.

Lisa’s story isn’t uncommon. Non-payment of maintenance remains a persistent problem among divorced couples, despite being enforceable by law, according to statistics from the Family Justice Courts. There was an average of 2,700 maintenance enforcements applications reported in 2023. While some defaulters cite job loss or financial strain, others refuse payment out of resentment.

HOW CHILD AND SPOUSAL MAINTENANCE IS DECIDED

Both child and spousal maintenance are governed by the Women’s Charter, Singapore’s key family law statute, and determined based on the family’s circumstances – chiefly, the child’s needs and the parents’ financial capacity.

FOR THE CHILDREN

Child maintenance covers everyday and developmental expenses, from food and schooling to healthcare or therapy, if needed. Both parents must submit supporting documents such as receipts, payslips and income statements when determining an appropriate monthly amount.

Family lawyer Rajan Chettiar and managing director of Rajan Chettiar LLC, explained: “Both parents should agree on a list of expenses per child. If they can’t, the Family Justice Courts will step in to decide a reasonable amount, proportionate to each parent’s income. 

“For example, a husband earning two-thirds of the household income may be ordered to pay two-thirds of the child’s expenses.”

Maintenance obligations usually end when the child turns 21 but may continue if the child is in tertiary education or serving National Service (NS), where the NS allowance is taken into consideration to assess maintenance expenses.

Expenses tied to a child’s special needs or medical care are prioritised in the list of expenses but extravagances such as overseas holidays are typically excluded, even if it took place during the marriage. 

Chettiar said: “Standard of living is not a key factor considered in assessing maintenance.” 

FOR THE WIFE

Spousal maintenance isn’t automatically granted. It applies only when the wife can demonstrate need and the husband is capable of providing. 

This is assessed separately from asset division, says Mathea Lim, Of Counsel at Kith & Kin Law Corporation. “If the division of matrimonial assets already balances both parties financially, spousal maintenance may not be ordered.”

The courts consider reasonable expenses and earning potential. For example, if a wife’s income sufficiently covers her costs, maintenance might not be necessary. 

WHEN MAINTENANCE PAYMENTS STOP

According to a Ministry of Social and Family Development (MSF) article, over 97 per cent of maintenance enforcement cases in the Family Justice Courts are filed by women. Around 30 per cent involve child maintenance.

To tackle the enforcement of maintenance orders, Singapore introduced a new Maintenance Enforcement Process in January 2025. The process is administered by the Maintenance Enforcement Division (MED) under the Ministry of Law.

When an enforcement application is filed in the Family Justice Courts, eligible cases may be referred to the division. There, Maintenance Enforcement Officers conduct conciliation sessions to help parties resolve maintenance arrears.

Unlike mediation, officers can suggest solutions and are empowered to obtain financial information from government agencies and other sources to better assess the financial positions of both parties.

If no agreement is reached, the officer submits a report to the court detailing the conciliation process and financial findings to assist the judge’s decision.

Since the division’s launch, about 1,000 cases have been referred, with roughly two-thirds of concluded cases settling during or after conciliation. 

For single mothers already managing full-time work and caregiving, non-payment and chasing for it can feel like financial betrayal and adds anxiety to an already stressful time in their personal life. 

Lisa said: “I thought if it was such a burden to be physically and emotionally there for our son, the least my ex could do was to do his part financially. Who knew I would need to get court orders for things like childcare and school fees?”

She added that the stress caused her emotional distress and much resentment. “I felt like I was being dumped and dumped on.” 

Kith & Kin Law Corporation’s Lim said that filing for maintenance enforcement to claim the arrears through iFAMS – the Integrated Family Application Management System – is the most practical option. The digital process tracks the arrears and builds a record of evidence without requiring a lawyer.

“Getting those payments reinstated restores normalcy,” Lim said.

Once filed in iFAMS, the case is referred to the MED for both parents for conciliation.

If the case is unsettled, Maintenance Enforcement Officers then prepare a report, which proceeds to a Court Mention – a procedural administrative hearing or a checkpoint, where the judge gives directions for next steps. If unresolved, a trial is then scheduled. The judge’s order then binds both parties to comply with payment directions.

While the process can take between three and six months, or more if financial disclosures are incomplete, the system is designed to ensure fairness and accountability.

ENFORCING MAINTENANCE ORDERS

If a husband ignores court orders, the wife can file an Application for Enforcement. The Courts then serve a Summons for Enforcement on the ex-husband.

The Family Justice Courts can then compel payment or impose penalties such as:

• A Banker’s Guarantee for future maintenance. This is a court ordered sum, usually three months of payments, and handed over to the ex-wife within a month of the Court Order. Even with this in place, the ex-husband is legally required to pay maintenance directly to the ex-wife.
• Attachment of Earnings: Maintenance is automatically deducted from his salary.
• Community service or up to one month’s jail for wilful non-compliance.
• Reporting arrears to the Credit Bureau or directing third parties who owe the husband money to pay the wife instead.

The courts distinguish between genuine inability and deliberate evasion. Tougher stances are taken against husbands who default when it comes to light that they have the means to pay the maintenance owing but have not done so, without good reason.

Said Chettiar: “This includes cases where the husband spends lavishly on themselves or their new families, or where it is clear that he has more than sufficient assets or financial liquidity to make payment.”

Lim added that if the husband switches to a lower-paying job for no reason, this would be taken against him as a deliberate act of lowering his income. Those with variable or self-employed income are still expected to disclose their resources honestly.

MAINTENANCE FOR MUSLIM FAMILIES

Nora, who declined to reveal her full name, faced similar struggles after separating from her husband. The mother of three found herself solely responsible for the household expenses.

“One day he was here, and then another, he decided to up and leave. It started small – since he wasn’t home, he didn’t pay for groceries,” said the 39-year-old office manager.

“Then it became school fees and other things like medical bills and insurance. If the bills are piling up, how do I manage three kids financially on my own?”

For Muslims, divorce matters fall under Syariah Court Singapore (SYC), although enforcement of maintenance lies with the Family Justice Courts.

Islamic law outlines three relevant forms of maintenance:

• Nafkah – ongoing provision for spouse and children’s basic needs, including food, shelter and healthcare.
• Nafkah iddah – financial support for the wife during the three-month waiting period (iddah) after divorce. The wife is also required not to re-marry during this time. 
• Nafkah mutaah – a consolatory gift acknowledging the wife’s marital contributions. In Singapore, the SYC practice is to award a sum of money based on the number of days of marriage. 

Nafkah falls under the Family Justice Courts, ensuring parity with civil divorce procedures. Muslim mothers may apply for child maintenance before, during or after Syariah Court proceedings if the child is below 21 (or older but still studying or in NS).

Enforcement against defaulting husbands follows the same process as non-Muslim cases handled at the Family Justice Courts – the Court examines whether the issue stems from inability or refusal to pay.

“Often, the question is whether income is being under-reported or expenses inflated,” said Ahmad Nizam Abbas, managing director of Crescent Law Chambers LLC. “The court ensures that fathers meet their responsibility within their means.”

Nora found that she did not need to run around both courts to obtain child maintenance owed to her. Her ex-husband was ordered to ensure their children were provided with monthly sums that supported their daily living expenses, education and medical care.

Once her children’s maintenance was secured, Nora could keep the family in their flat and work out a payment plan to buy over her ex-husband’s share.

“It was a load off my mind to have the maintenance sorted and to know my children have a roof over their heads. Otherwise, it’s stressful not just for me, but for them too.”

WHERE WOMEN SEEKING CHILD MAINTENANCE CAN GET HELP

For many women, the emotional and financial toll of pursuing maintenance can be daunting but resources in Singapore exist to help.

“Legal costs can be an obstacle in enforcing the maintenance arrears, especially if the amount owed is similar or less than the legal costs of enforcement,” said Lim from Kith & Kin. “Women can navigate the Maintenance Enforcement Process (through iFam) on their own or if they can’t afford legal representation, they can seek the support of the Legal Aid Bureau.”

The Legal Aid Bureau offers subsidised legal representation for eligible women.

The Singapore Council of Women’s Organisations (SCWO) operates a Maintenance Support Central service for women who have endured financial abuse, such as non-payments and other forms of maintenance arrears. It offers guidance on applications, enforcement, and legal aid referrals plus emotional support from trained volunteers.

AWARE Singapore offers counselling through their Women’s Helpline or 1800-777-555, on weekdays, 10am to 6pm. It supports a wide range of issues, such as trauma, family violence and marital issues, and is an avenue to seek advice and support for maintenance arrears. 

Community organisations like the APKIM Centre for Social Services (ACOSS) and  Strengthening Families Programme (PPIS) offer counselling and casework support for Muslim women navigating divorce challenges.

Women can also access MSF’s Family Service Centres or Family Assist for help. 

For complex cases involving additional finances for legal fees, the Law Society’s Pro Bono Services can assist. Women can apply through the Community Justice Centre at the State Courts. 

Ultimately, enforcing child maintenance is about ensuring fairness for children to receive the stability they deserve, even though relationships end.

“This isn’t about me winning. It was about making sure my son gets what he deserves – a father’s responsibility to him and a fair shot at growing up,” said Lisa.