Eversheds Harry Elias Family and Matrimonial lawyers Koh Tien Hua, Partner and Co-Head, and Ivan Cheong, Partner shared their comments in The Straits Times article titled “22-year-old man sues father to fund overseas studies: Parents obliged to support children’s education”. The article was first published on 29 August 2019.
22-year-old man sues father to fund overseas studies: Parents obliged to support children’s education
Below is an excerpt from the article which features comments from Tien Hua and Ivan:
A child over the age of 21 can take his parents to court if they refuse to support his overseas university education.
This is in line with a clause in the Women’s Charter which mandates payouts for education for a child over 21 as long as he is unable to support himself.
The clause was recently brought to light after a 22-year-old successfully sued his father, the sole shareholder of a logistics company and director of various companies, for maintenance to fund his education abroad.
The court will also consider if a parent can afford it when making an order of support for the child.
Lawyer Koh Tien Hua, from Eversheds Harry Elias, emphasised that the court takes into account the parent’s means.
“If the parents can’t afford the maintenance, whether by their earnings or from their share of the matrimonial assets, the court has a discretion not to make an order,” he said.
However, going to court should be a last resort in such matters, said lawyers.
Lawyer Ivan Cheong, who specialises in matrimonial and family law at Eversheds Harry Elias said the child does not need to be a Singaporean. However, the court must be satisfied that the parent the child is seeking maintenance from is in Singapore.
“Ultimately, you can take your family or parents to court, but that is never a pleasant thing. It can ruin your relationship,” said Mr Cheong.
Full article can be found here.
Source: The Straits Times
Author: Rahimah Rashith