ATS v ATT: Variation of Maintenance Order for Wife and Child
In the High Court of Singapore, ATS sought to dismiss ATT's application to reduce the maintenance order for herself and their child. The court, presided over by Belinda Ang Saw Ean J, dismissed the application, except for a prayer concerning an insurance policy, finding no material change in circumstances to warrant a reduction in maintenance. The original divorce was on 6 October 2009, with ancillary orders made on 22 March 2011.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application dismissed save for a prayer concerning an insurance policy.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application to reduce maintenance for wife and child dismissed, except for insurance policy. The court found no material change in circumstances.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| ATS | Plaintiff | Individual | Application Granted in Part | Partial | Alagappan Arunasalam |
| ATT | Defendant | Individual | Application Dismissed | Lost | Yap Teong Liang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Alagappan Arunasalam | A Alagappan Law Corporation |
| Yap Teong Liang | T L Yap & Associates |
4. Facts
- The Husband sought to reduce the total amount of maintenance ordered on 22 March 2011.
- The Husband claimed material changes in circumstances to warrant a reduction of the monthly maintenance to his son and Wife.
- The Wife argued that the Husband’s application was unmeritorious.
- The parties were divorced on 6 October 2009.
- Ancillary orders relating to custody, care and control of and access to their three children were made on 6 August 2010.
- Orders relating to maintenance for the Wife and children and division of matrimonial assets were made on 22 March 2011.
- The Husband had also sought a variation of the 2011 Maintenance Order in Summons No 1613 of 2012 which was dismissed on 18 March 2013.
5. Formal Citations
- ATS v ATT, Divorce Transfer No 3595 of 2009 (Summons No 1173 of 2014), [2016] SGHC 196
- ATS v ATT, , [2011] SGHC 213
- ATT v ATS, Civil Appeal No 51 of 2011, [2012] 2 SLR 859
- ATS v ATT, , [2013] SGHC 156
- AYM v AYL and another appeal, , [2014] 4 SLR 559
- AXM v AXO, , [2014] 2 SLR 705
- Tan Sue-Ann Melissa v Lim Siang Bok Dennis, , [2004] 3 SLR(R) 376
- TDU v TDV, , [2015] SGFC 33
- Tan Huan Eng Agnes Florence v Trevor Symes, , [2005] SGDC 83
- Quek Lee Tiam v Ho Kim Swee (alias Ho Kian Guan), , [1995] SGHC 23
- NI v NJ, , [2007] 1 SLR(R) 75
- ARY v ARX and another appeal, , [2016] SGCA 13
- Koo Shirley v Mok Kong Chua Kenneth, , [1989] 1 SLR(R) 244
- BG v BF, , [2007] 3 SLR(R) 233
6. Timeline
| Date | Event |
|---|---|
| Divorce granted | |
| Ancillary orders relating to custody, care and control of and access to their three children were made | |
| Maintenance and property orders made | |
| Husband stopped son’s personal expenses | |
| Court of Appeal partially allowed appeal against property order, but disallowed appeal against maintenance order | |
| Summons No 1613 of 2012 dismissed | |
| Summons No 1173 of 2014 filed | |
| Son completed national service and no longer resided with the Husband | |
| Summons No 1173 was decided | |
| Son’s policy numbered [redacted] be surrendered | |
| Hearing | |
| Hearing | |
| Hearing | |
| Hearing | |
| Hearing | |
| Hearing | |
| Hearing | |
| Hearing | |
| Hearing | |
| Judgment Date |
7. Legal Issues
- Variation of Maintenance Order
- Outcome: The court dismissed the application to vary the maintenance order, except for a prayer concerning an insurance policy, finding no material change in circumstances.
- Category: Substantive
- Sub-Issues:
- Material change in circumstances
- Financial self-sufficiency of former wife
- Child's expenses
8. Remedies Sought
- Reduction of monthly maintenance payments
9. Cause of Actions
- Variation of Maintenance Order
10. Practice Areas
- Divorce
- Family Law Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ATS v ATT | High Court | Yes | [2011] SGHC 213 | Singapore | Cited for background facts and the initial maintenance order. |
| ATT v ATS | Court of Appeal | Yes | [2012] 2 SLR 859 | Singapore | Cited for the Court of Appeal's decision on the appeal against the maintenance and property orders. |
| ATS v ATT | High Court | Yes | [2013] SGHC 156 | Singapore | Cited for the dismissal of a previous variation application. |
| AYM v AYL and another appeal | Court of Appeal | Yes | [2014] 4 SLR 559 | Singapore | Cited for principles applicable to variation of maintenance orders. |
| AXM v AXO | Court of Appeal | Yes | [2014] 2 SLR 705 | Singapore | Cited for the court's powers to vary maintenance orders for children. |
| Tan Sue-Ann Melissa v Lim Siang Bok Dennis | N/A | Yes | [2004] 3 SLR(R) 376 | Singapore | Cited for the principle that material changes must relate to circumstances prevailing at the time of the maintenance order. |
| TDU v TDV | Family Court | Yes | [2015] SGFC 33 | Singapore | Cited for the principle that evidence of changes prior to the order cannot be relied on. |
| Tan Huan Eng Agnes Florence v Trevor Symes | District Court | Yes | [2005] SGDC 83 | Singapore | Cited for cautioning against back-door appeals disguised as variation applications. |
| Quek Lee Tiam v Ho Kim Swee (alias Ho Kian Guan) | High Court | Yes | [1995] SGHC 23 | Singapore | Cited for the principle that maintenance should not create life-long dependency. |
| NI v NJ | N/A | Yes | [2007] 1 SLR(R) 75 | Singapore | Cited for the expectation that former wives should seek gainful employment. |
| ARY v ARX and another appeal | Court of Appeal | Yes | [2016] SGCA 13 | Singapore | Cited for the principle that former wives should seek gainful employment. |
| Koo Shirley v Mok Kong Chua Kenneth | N/A | Yes | [1989] 1 SLR(R) 244 | Singapore | Cited for the principle that an increase in the payer's earnings could be a ground for upward variation. |
| BG v BF | Court of Appeal | Yes | [2007] 3 SLR(R) 233 | Singapore | Cited for the principle that maintenance is supplementary to the division of matrimonial assets. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Maintenance Order
- Material Change in Circumstances
- Variation Application
- Ancillary Matters
- Children's Expenses
- Household Expenses
- Wife's Expenses
- Education Policy
15.2 Keywords
- divorce
- family law
- maintenance
- variation
- child support
- Singapore
16. Subjects
- Family Law
- Divorce
- Maintenance
- Child Support
17. Areas of Law
- Family Law
- Maintenance
- Child Maintenance
- Variation of Orders