Variation of Court Orders
A variation order allows for changes to areas such as maintenance, child custody, and care orders.
Helping you navigate changes in court orders after divorce
Following a divorce, it's not uncommon for circumstances to evolve, necessitating adjustments to existing Court Orders. These changes can arise from personal or financial shifts that occur naturally over time.
Common reasons for varying a Court order include:
Changing Family Dynamics: The expenses related to children and/or an ex-spouse may fluctuate, whether due to increased needs or a decrease in financial obligations.
Financial Transitions: The financial situation of the party responsible for maintenance may also undergo changes, such as job loss, reduced earnings, or illness. These shifts can significantly impact their ability to meet existing obligations.
Best Interests of the Children: In some cases, both parties may recognize that modifying the custody, care, and control of children is in the children's best interests as they grow and circumstances evolve.
To amend an existing Court Order, you must initiate a legal process known as an application to vary an Order. While pursuing a change, it's advisable to seek agreement between the parties involved rather than resorting to a contested application.
For comprehensive guidance and expert advice on varying Court Orders, connect with our experienced team of family lawyers. We are here to help you navigate these changes and ensure that the best interests of all parties involved are upheld. Your peace of mind is our priority. Contact us today to discuss your specific situation.
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Articles on Variation of Court Order in Singapore
- the person who is obligated to pay the maintenance; or
- the person who is to entitled to the maintenance payment from the other party.
- of the person making the application;
- of the child for whom the order on maintenance is made for;
- of the wife; and/or
- any other good cause.
Should I Seek To Vary The Existing Maintenance Orders?
In most cases, the need for variation arises because several years would have passed since the making of the Court Order. For example, in that time:- the expenses of the child (and/or wife, where applicable) may have changed (either increasing or decreasing); and/or
- the circumstances of the party liable to pay maintenance for the child (and wife, where applicable) may have changed for various reasons (e.g. retrenchment, illness, etc…) such that he or she is no longer able to pay the sum of the monthly maintenance payment.
How Will A Variation Benefit Me?
For parties liable to pay maintenance under an Order, non-payment of these obligations can attract costly enforcement procedures and other financial penalties. Therefore, it would be prudent for persons who anticipate that they are not able to make these payments as a result of a change of his or her circumstances, to pre-preemptively look into making an application to vary their monthly maintenance payment obligations. Alternatively, if the party liable to make payment is of the view that circumstances have changed such that the expenses of the children (and/or wife, where applicable) have decreased owing to a change of circumstances, the party liable to pay should also consider taking out an application to vary the sum of maintenance monies. This is because sum of maintenance monies would no longer be accurate in reflecting the amount needed to support the children and/or wife. For parties who are entitled to receive maintenance monies, but are no longer able to get by with the sum of maintenance monies stated in the Order, it is also crucial to look into making an application to vary the amount that they are entitled to receive for continued good upkeep of the children and/or wife. Such persons should also document the ways in which the amount set in the Court Order is no longer sufficient to cover reasonably necessary expenses in good detail to support their case." ["post_title"]=> string(35) "Varying a Court Order after Divorce" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(40) "variation-of-a-court-order-after-divorce" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:29:48" ["post_modified_gmt"]=> string(19) "2023-10-09 16:29:48" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=691" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#8728 (24) { ["ID"]=> int(882) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2022-05-05 20:51:31" ["post_date_gmt"]=> string(19) "2022-05-05 12:51:31" ["post_content"]=> string(9598) "The law in Singapore recognises that matters involving family life can change. The courts accept that, sometimes, court orders which help to settle matters of child maintenance or other living arrangements will need to be amended. Perhaps one of the parties loses their job, or moves house and wants to take the children. Maybe someone is getting remarried or the children require more money to fund their activities. All of these situations may need court orders to be varied. Sections 118 and 128 of the Women’s Charter gives the court power to alter orders relating to maintenance and custody orders. This article will look at these two sections in more detail.Contested vs By Consent Variation of Court orders
The ideal situation in which to vary a court order is where both parties to the agreement agree to change it upfront. This is the best way to make the variation straightforward, quick, and inexpensive. However, if both parties are not in agreement as to the changes they want to make, then the process will almost certainly take longer and be more complex. In the first instance, it will need to be established that the circumstances have changed materially. Even if that happens, it may then take another 6 months before an application is heard.Varying Maintenance Orders
The court has the power to vary a maintenance order under section 118. They court can only do this if:- The order was based on a mistake or a misrepresentation of fact;
- There has been a material change in the circumstances.
Defining a ‘Material Change in Circumstances’
The definition of a ‘material change in circumstances’ will always depend on the facts of each individual case. The court will look closely at the new situation compared to the situation that existed when they originally made the order. They will consider if it is reasonable to vary the order. Any change of circumstances which is entirely self-inflicted (for example, someone adopts a lavish lifestyle and needs more money to fund it) will not represent a good enough reason to vary an order. But if the court thinks the order does need amending, then they can increase or decrease the amount of maintenance. The court will consider factors such as the following:- A party has inherited some money
- A party relocated and their living costs deceased as a result
- Someone became employed, or lost their job
- A husband remarries, or has more children
- A wife starts to live with a boyfriend who then supports her financially
- One of the parties become seriously ill.
Varying Applications – the Court’s Approach
A recent High Court case demonstrated when it would become unfair for a maintenance order to continue in its current form, when circumstances change materially. The case of CKO v CKP [2021] SGHC 92 held that retiring or remarrying are not, by themselves, enough to necessitate varying a maintenance order. But if those events mean new financial duties apply, or a substantial drop in income, then the court will consider those factors. Two other cases were mentioned, which the court used to help them decide if a material change had happened: ATS v ATT [2016] SGHC 195 and BZD v BZE [2020] SGCA 1. In the case of BZD, the court made clear that the question they’ll ask is not simply whether a material change happened, but rather whether a change was material enough that it makes the status quo unfair. You can see from this caselaw that reasonableness is the main factor the courts use to make their decision. Courts will use the same decision-making process as they would when deciding on new maintenance applications.How to apply for a variation
A formal application should be made by the party requesting the variation, by way of a summons. It needs to include a statement of the facts on which the person relies on for the application, in the form of a supporting affidavit. The reasoning for the application must be stated clearly, supported by all necessary documentary evidence.Varying child welfare orders
The courts have power to vary orders relating to child welfare, under section 128 of the Women’s Charter. If an order needs amending because it doesn’t currently protect the child’s interests fully, the court can and will do so.When a court will grant a variation order
At any time, a court can amend an order for custody or care and control, providing either of the following tests in section 128 of the Charter is satisfied:- There has been a mistake or misrepresentation of fact; or
- Circumstances have changed materially.
- A parent relocates
- Abuse by a parent is discovered
- A substantial change in a parent’s capacity to financially support their child
- A change in a parent’s health means the amount of the time they spend with the child reduces
- The child’s needs or interests change so much that the order needs amending
- The child gets a better quality of life due to a parent moving to a different residence
- There is a significant change in the parent-child relationship
Determining what is in the best interest of the child
There are many things that the court takes into account when it calculates the child’s best interests, such as the physical and financial needs of the child, their happiness, comfort and moral well-being. Courts know that parent-child relationships can change over time, and even if no particular ‘event’ causes a material change, a variation may still be needed. Some factors the court considers when deciding what is best for the child:- Parental behaviour
- The relationship between siblings
- The need for both parents to have involvement in the child’s life
- The wishes of the child, providing they are mature enough to express them, or if not then a professional opinion.
How to apply for a variation of custody order
An affidavit and summons must be filed by the party seeking to vary an order, setting out why the existing order should be changed to best protect the child’s interest. Proposals for the new order should be included, as well as details of how the party intends to comply with the order, if applicable. Applications will fail if applicants can’t produce evidence that a material change in circumstances has happened. This was shown in the case of ATS v ATT, where an application failed for that reason, and the applicant had not explained the proposed care arrangement in the affidavit was in the child’s best interest. A similar situation occurred in APK v APL [2011] SGHC 255, where the court reiterated that whoever applies for the variation of the order due to material changes of circumstance, has the burden on them to prove that material change. In this case, the applicant had not shown that a change had occurred, and had not explained why the child’s interest meant a change was needed.If circumstances change again
There is no limit on the number of variations that can be made to an order, so if circumstances change again then an applicant may make a further application to vary the court order.Conclusion
Variations of orders cannot be used to simply circumvent an original order. The court will require parties to have a sound basis in fact for applying to vary an order, presented properly in court, and the changes to the circumstances must not have been self-inflicted. It is best to consult a family law expert if you think your circumstances mean a variation is needed. They will know the requirements of the court and help you to meet them, and show you the most effective way to obtain the variation of the order. Our fees for uncontested variation: $1,500 We’re here to help – please contact us to discuss your case further. " ["post_title"]=> string(22) "Amending a Court Order" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(17) "amend-court-order" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:26:25" ["post_modified_gmt"]=> string(19) "2023-10-09 16:26:25" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=882" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [2]=> object(WP_Post)#8749 (24) { ["ID"]=> int(1002) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2022-06-11 09:40:39" ["post_date_gmt"]=> string(19) "2022-06-11 01:40:39" ["post_content"]=> string(3275) "Maintenance is a way for a wife to have her financial needs met when a divorce happens. A court is often required to answer the crucial questions of how much maintenance a wife should get, and for how long she should receive it. The court will need to consider whether an ex-wife in a divorce has an automatic entitlement to payments of maintenance. If she has given up her career in order to bring up her children, she is likely to need maintenance for the remainder of her life if she cannot resume that career. However, maintenance is not always life-long, as its purpose is really to help the spouse as long as it takes for her to regain her self-sufficiency. In recent case law (ATE v ATD), the courts have stated broad guidelines as to when nominal wife maintenance should be paid, and when it should not. The three main principles are:- There should be no automatic award of nominal maintenance as a matter of course;
- Nominal wife maintenance will not be awarded simply because a wife claims her situation will change in the future;
- When deciding whether to award nominal maintenance, the court will consider the underlying rationale and purpose of the payments to a former wife.
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