Abstract:
In a divorce, the parent with care and control of the child of the marriage will usually seek an order for maintenance of the child against the other parent in the ancillary matters hearing. However, what happens if the child is 21 years old or above (“adult child”)? Should the child make an application for maintenance herself? Or can the parent to whom she is aligned (“aligned parent”) make the application on her behalf? The case of XFD v XFE [2024] SGHCF 43 held that the aligned parent can make the maintenance application on behalf of the adult child as part of the ancillary matters in the divorce proceedings. However, this decision is problematic in the light of some earlier authorities. Nonetheless, the approach taken in XFD v XFE appears to be more convenient for the adult child and her aligned parent, as opposed to the adult child making her own maintenance application. The author suggests a workaround to get the ancillary matters court to hear the adult child maintenance matter, and also recommends legislative reform for a more efficient process in this regard.