Default of Maintenance Payments

Assoc Prof Fatimah Lateef asked the Acting Minister for Community Development, Youth and Sports since the coming into operation of the Women's Charter (Amendment) Act 2011 which provided for enhanced enforcement measures against defaulters of maintenance payments, what has been the effectiveness of these measures.

Mr Chan Chun Sing: With the Women's Charter amendments in 2011, additional sanctions and penalties can be taken against maintenance defaulters in addition to the existing penalties of a fine, a Garnishee Order and imprisonment. The new provisions include making orders for defaulters to set up banker's guarantee against future defaults, attend financial counselling and/or perform community service. The Courts can also direct the Central Provident Fund (CPF) Board to disclose the employment information of defaulters to facilitate the Attachment of Earnings Orders. Maintenance recipients can report maintenance debts to a designated credit bureau, and divorcees who remarry are required to declare their maintenance obligations.

Since the implementation of the measures last year, the Courts have made nine orders to defaulters to furnish a banker's guarantee, 10 orders for financial counselling and two orders for community service. The number of Attachment of Earnings Orders has increased by about 12% over a year, possibly facilitated by the disclosure of employment details from the CPF Board. More than 40% of the 130 maintenance debts reported to the designated Credit Bureau have been paid up. As for the requirement for divorcees to declare maintenance debts at remarriage, 412 have declared that they have maintenance orders, and 44 declared they have maintenance debts upon filing for marriage.

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Overall, the number of applications for maintenance enforcement made to the Subordinate Courts has declined from 3,279 in 2010 to 2,979 in 2011. However, as the new measures were introduced recently, it is too early to determine their full impact. We will continue to monitor the progress.