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Child support / moving overseas

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ckx2
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Child support / moving overseas

Postby ckx2 » Wed, 31 Oct 2018 9:29 pm

Dears,

may I ask if there is anyone around here, who could give me some insight about the scenario I'm finding myself in?

My wife and I have agreed to separate. She wants to file for a deed of separation, which shall serve as the baseline for the divorce, which will take place once the time has come. Of course we are talking financials, and I have offered an amount that is roughly 30% of my net monthly income. She doesn't seem to be agree with the sum, but that's another issue.

On top of that, my employment pass will not be renewed and I have received an offer to relocate. Essentially, I'll only have about three more months to settle and solve things with my wife. Now comes the tricky part - with the relocation into a European country, my income will be significantly less and taxes will be higher.

Based on the child support law of the individual country I'd go back to, the child support is capped at 15% based on my income. However, this would only translate into roughly 1300 SGD per month. A sum, which will definitely cause arguments as she won't settle with this.

Now what are my options? Does anyone know if family court will evaluate the child support to be paid in Singapore based on my foreign income? Do they even take this into account? Of course we've had a better income situation here in SIngapore. My wife is working herself and earns around 3.5k SGD per month - she does not pay any utilities or rent at her parents place. Right now, she's only asking for CS, not maintenance for herself.

I'll be getting legal advice, but first hand reports would be gratefully accepted. I'm afraid of either losing any right to see my son (whatever there will be left of it once I have to move out) or be financially not able to support myself at all.

Thanks

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PNGMK
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Re: Child support / moving overseas

Postby PNGMK » Fri, 02 Nov 2018 6:07 am

1. Child access and Child support are two different matters. Don't let your ex intertwine them. Your child has a right of access to both parents baring extremis (i.e. prison).
2. Does the country your moving to have reciprocal agreements with Singapore regarding CS orders? (and CA as well). If so then yes, the Singapore court ordered CS can be backed up over there. If not then in basic terms your ex is dependent on your good will to pay anything above what the other country levies as a CS order.
3. I would personally try to settle this with a consent order before your departure (both CS and CA). A consent order is a negotiated agreement signed off by the court. Keep in mind point 2 when negotiating. BTW 30% is pretty heavy for CS - does that include an element of Alimoney (spousal support as well)? I 'd expect 10 to 20 percent.
4. You've not stated your ex's nationality but I'm assuming she is Singaporean or has rights of residence here. You should find out of the Hague convention applies to your next destination as well. It provides some useful protection for things like spousal kidnapping and CA.

TheRef has some experience in this as well.
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