WBU v WBT: Child Maintenance Dispute After Divorce
In WBU v WBT, the Family Justice Courts of Singapore heard an appeal regarding child maintenance following a divorce. The mother, WBT, appealed against the District Judge's order, arguing that the child's reasonable expenses were underestimated and the apportionment of maintenance was unfair. The court adjusted the child's reasonable expenses to $4,000 and apportioned the maintenance between the mother and father in a 65:35 ratio, respectively. The appeal was allowed in part.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding child maintenance after divorce. The court adjusted the child's reasonable expenses and apportioned maintenance between the parents.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WBU | Appellant, Defendant | Individual | Appeal allowed in part | Partial | |
| WBT | Respondent, Plaintiff | Individual | Appeal partially successful | Partial | Yeo Khee Chye Raymond of Raymond Yeo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong | Judge of the Appellate Division | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Darryl Chew Zijie | Chia Wong Chambers LLC |
| Wong Kai Yun | Chia Wong Chambers LLC |
| Yeo Khee Chye Raymond | Raymond Yeo |
4. Facts
- The parents were divorced on 4 November 2020.
- They have a 5-year-old child.
- The District Judge ordered the father to pay $1,035 monthly child maintenance.
- The mother appealed the District Judge's order.
- The mother argued the child's reasonable expenses were underestimated.
- The father argued the child's reasonable expenses were correctly determined.
- The mother and child reside at the mother's sister's apartment.
5. Formal Citations
- WBU v WBT, District Court Appeal (Family Division) No 28 of 2022, [2023] SGHCF 3
6. Timeline
| Date | Event |
|---|---|
| Interim judgment of divorce obtained. | |
| Ancillary Matters Order made. | |
| Father to pay monthly child maintenance, effective from this date. | |
| Orders made regarding custody, care and control and access. | |
| Hearing of DCA 37 and DCA 28. | |
| Decision rendered for DCA 28. | |
| Grounds of decision issued. | |
| Father wrote to the Court seeking clarification on the effective date. |
7. Legal Issues
- Determination of Child's Reasonable Expenses
- Outcome: The court adjusted the child's reasonable expenses from $3,450 to $4,000 per month.
- Category: Substantive
- Apportionment of Child Maintenance
- Outcome: The court adjusted the apportionment of child maintenance to a 65:35 ratio between the mother and the father, respectively.
- Category: Substantive
8. Remedies Sought
- Increased child maintenance payments
- Fairer apportionment of child maintenance
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Child Support
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UEB v UEC | General Division of the High Court (Family Division) | Yes | [2018] SGHCF 5 | Singapore | Cited for the principle that the court should not be overly focused on totalling up every item of expense when determining maintenance. |
| UYT v UYU and another appeal | High Court | Yes | [2021] 3 SLR 539 | Singapore | Cited for the principle that family decisions should be made within the family, and the court should not intrude unless necessary. |
| ANJ v ANK | High Court | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the principle that an appellate court will be slow to interfere with orders made by a lower court unless there is an error of law or principle. |
| TBC v TBD | High Court | Yes | [2015] 4 SLR 59 | Singapore | Cited for the argument that the starting point for maintenance apportionment should be equal, but the court disagreed with this proposition. |
| UHA v UHB | High Court | Yes | [2020] 3 SLR 666 | Singapore | Cited for the principle that the financial obligations of parents may differ depending on their means and capabilities. |
| AUA v ATZ | Court of Appeal | Yes | [2016] 4 SLR 674 | Singapore | Cited for the principle of common but differentiated responsibilities in providing for children. |
| AKC v AKD | High Court | Yes | [2014] 3 SLR 1374 | Singapore | Cited for the principle that there should not be a rigid rule that the costs of maintenance of children should be equally borne by both parties. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter 1961 | Singapore |
| s 69(4) of the Women’s Charter 1961 (2020 Rev Ed) | Singapore |
| s 68 of the Charter | Singapore |
| s 46(1) of the Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Child maintenance
- Reasonable expenses
- Apportionment
- Parental responsibility
- Standard of living
15.2 Keywords
- child maintenance
- divorce
- family law
- Singapore
- appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Maintenance (Child) | 95 |
| Child Custody | 50 |
| Access to Children | 50 |
| Divorce | 40 |
16. Subjects
- Family Law
- Divorce
- Child Maintenance