BY LYDIA LAM
Published June 15, 2023
Updated June 15, 2023
SINGAPORE — A man turned to the family court to get his ex-wife to pay the amount of maintenance he used to pay her, after their two kids began living with him instead.
In response, the ex-wife said maintenance should be in proportion to their incomes, and she was starting out afresh as a financial adviser with purely commission-based income.
In a judgment published on Thursday (June 15), District Judge Adriene Cheong ordered the ex-wife to bear a quarter of the two children's monthly expenses by paying S$1,000 monthly.
According to court documents, the parents got a divorce in September 2018, with the two children, now aged 10 and 13, to live with their mother.
However, the children went to live with their father in October 2021 and remained with him for reasons not elaborated in the papers.
The father had been ordered to pay his ex-wife S$2,640 in maintenance when the children were in her care.
After the kids started living with him, he asked for the order to be reversed and have his ex-wife pay him the S$2,640 instead.
The mother said she should pay only about S$790 a month, which was about a quarter of her monthly income and about 10 to 15 per cent of the children's monthly expenses.
The woman had lost her job in September 2021 and could not find a job in her industry, so she began working as a financial adviser.
Her commission-based income was about S$3,000 a month.
She said parties had agreed to share the children's expenses equally when she was earning a comfortable sum, and claimed that she lost her job because her ex-husband had lodged a complaint with her then-employers and the regulatory authority for certain misconduct.
The woman said that given her current income, she was simply unable to afford the quantum sought by her ex-husband.
Judge Cheong chose to consider the parents' earning capacity instead of specific quantums as the woman's income fluctuated.
The father has an earning capacity of about S$20,000, while the judge found the mother had an earning capacity of S$5,000.
She ordered the mother to pay S$1,000 or S$500 for each child directly into her ex-husband's bank account each month.
Judge Cheong noted that the mother was establishing herself in a new industry and should be given time to do so.
"This is especially so when the father is in a fortunate position to step up and step in to provide comfortably for the children. Affordability is not an issue for the father," said the judge.
"Had the marriage remained intact, spouses would ordinarily be expected to do the same; supporting each other in times of financial (or other types) of difficulties."
The father had asked for the change to be backdated to November 2021, but the judge declined to do so.
She said to do so would be an "overly technical mathematical exercise that was not meaningful to parents who were committed to their children".
CHILDREN NOT AN ACCOUNTING EXPENSE: JUDGE
"It is certainly not a holistic approach to treat the children as an accounting expense that should be reimbursed," said Judge Cheong.
"Taking this concept to the extreme would be akin to parents claiming reimbursement from the care parent or deducting sums from monthly maintenance obligations, for toys or an ice cream treat that they bought for their children during access."
She said this was "certainly not healthy" for their relationship as co-parents and not what the law envisages.
She urged the parents to "exercise grace and patience" with each other to move forward in their co-parenting journey.
"It is my hope that the family can finally commence on the road to recovery and healing after a long-drawn period of litigation, especially with the assistance of counselling," she said. CNA
https://www.todayonline.com/singapo...ntenance-after-children-went-live-him-2193551
Published June 15, 2023
Updated June 15, 2023
SINGAPORE — A man turned to the family court to get his ex-wife to pay the amount of maintenance he used to pay her, after their two kids began living with him instead.
In response, the ex-wife said maintenance should be in proportion to their incomes, and she was starting out afresh as a financial adviser with purely commission-based income.
In a judgment published on Thursday (June 15), District Judge Adriene Cheong ordered the ex-wife to bear a quarter of the two children's monthly expenses by paying S$1,000 monthly.
According to court documents, the parents got a divorce in September 2018, with the two children, now aged 10 and 13, to live with their mother.
However, the children went to live with their father in October 2021 and remained with him for reasons not elaborated in the papers.
The father had been ordered to pay his ex-wife S$2,640 in maintenance when the children were in her care.
After the kids started living with him, he asked for the order to be reversed and have his ex-wife pay him the S$2,640 instead.
The mother said she should pay only about S$790 a month, which was about a quarter of her monthly income and about 10 to 15 per cent of the children's monthly expenses.
The woman had lost her job in September 2021 and could not find a job in her industry, so she began working as a financial adviser.
Her commission-based income was about S$3,000 a month.
She said parties had agreed to share the children's expenses equally when she was earning a comfortable sum, and claimed that she lost her job because her ex-husband had lodged a complaint with her then-employers and the regulatory authority for certain misconduct.
The woman said that given her current income, she was simply unable to afford the quantum sought by her ex-husband.
Judge Cheong chose to consider the parents' earning capacity instead of specific quantums as the woman's income fluctuated.
The father has an earning capacity of about S$20,000, while the judge found the mother had an earning capacity of S$5,000.
She ordered the mother to pay S$1,000 or S$500 for each child directly into her ex-husband's bank account each month.
Judge Cheong noted that the mother was establishing herself in a new industry and should be given time to do so.
"This is especially so when the father is in a fortunate position to step up and step in to provide comfortably for the children. Affordability is not an issue for the father," said the judge.
"Had the marriage remained intact, spouses would ordinarily be expected to do the same; supporting each other in times of financial (or other types) of difficulties."
The father had asked for the change to be backdated to November 2021, but the judge declined to do so.
She said to do so would be an "overly technical mathematical exercise that was not meaningful to parents who were committed to their children".
CHILDREN NOT AN ACCOUNTING EXPENSE: JUDGE
"It is certainly not a holistic approach to treat the children as an accounting expense that should be reimbursed," said Judge Cheong.
"Taking this concept to the extreme would be akin to parents claiming reimbursement from the care parent or deducting sums from monthly maintenance obligations, for toys or an ice cream treat that they bought for their children during access."
She said this was "certainly not healthy" for their relationship as co-parents and not what the law envisages.
She urged the parents to "exercise grace and patience" with each other to move forward in their co-parenting journey.
"It is my hope that the family can finally commence on the road to recovery and healing after a long-drawn period of litigation, especially with the assistance of counselling," she said. CNA
https://www.todayonline.com/singapo...ntenance-after-children-went-live-him-2193551
