Singapore's Support Site For The Divorced
Sunday October 26th 2014

Divorced man checking on reducing maintenance payment to ex-wife

Feeling depressed, lost and suicidal because of your failed marriage? If you need to access our free volunteer counselling and legal service, please email me at gilbert@steadymarriages.com or goh_gilbert@yahoo.com. Don't suffer alone - seek help. We are here for you. Thanks for visiting! Gilbert

Hi Gilbert,

First of all,  I would like to thank you for setting up http://www.steadymarriages.com for people like us who are divorced and need emotional support.

My scenario:-

Married for 5 years.

Officially divorced in June this year; no kids.

Mutual agreement that I pay my wife $30,000 (lump sum) and subsequent monthly maintenance of $250.

Currently:-

My wife is living in Malaysia (JB) and is travelling to and fro  Singapore for work.

My finances are tighter (no OT and currently studying a part time course)

Basic less than 2k.

I would like to reduce the monthly maintenance  but am lost on how to apply to the court.

Able to advise or provide me a website/link?

I tried to google but no avail. (the only thing I find is the link on how to enforce maintenance and not reduce it: http://app.subcourts.gov.sg/family/page.aspx?pageid=3771)

Many thanks and regards

Philip (not his real name)

********

Reply from our volunteer legal counsel James:
 
In order to apply for a variation of the maintenance order, Philip would have to engage a lawyer or to do it himself by going to court and seeking assistance at the Family Court Registry.

He needs to file a summons and an affidavit. In his summons he has to state that he wants to vary the order of court from paying $250.00 per month to a lower sum.

In his affidavit he needs to explain why he needs to vary the order of court for maintenance. He has to explain in his affidavit that his financial circumstances have now changed and he would not be able to provide $250.00 per month. He needs to tabulate his monthly expenses as accurately as possible to show the court that he cannot afford to pay $250.00 per month.

After the summons and the affidavit have been filed in court and after the summons is returned to him with the hearing date, copies of the same must be served on his ex-wife. His ex-wife may file an affidavit to reply to the affidavit that he has filed in court.

At the hearing the court will than decide whether given the circumstances stated in his affidavit and the ex-wife’s affidavit it is reasonable to vary the maintenance order to a lower sum.

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Reader Feedback

2 Responses to “Divorced man checking on reducing maintenance payment to ex-wife”

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