MAINTENANCE ORDERS FOR WOMEN

MAINTENANCE ORDERS FOR WOMEN: * * *

5.

Mdm Halimah Yacob asked the Minister for Community Development, Youth and Sports how many women had applied for maintenance orders last year; (b) what more can be done to assist women to recover maintenance due to them and their children from errant ex-spouses; and (c) will the Ministry consider appointing a Government agency to collect and chase after those who do not pay up akin to the situation in Australia and Ontario.

Dr Vivian Balakrishnan: In 2007, there were about 6,300 applications for maintenance orders. Fifty-four percent of these (3,450) were for enforcement of existing orders, 27% (1,700) were fresh applications, 16% (1,000) were variations and 3% (195) were suspension and rescission applications. A majority of applications, 88% (5,600) in 2007, were made by women.

Singapore law places emphasis on husbands to discharge their responsibilities. Women can take action against their ex-husbands if they fail to discharge their financial responsibilities. The Women's Charter allows any woman to apply for a maintenance order at the Family Court, if she cannot get a reasonable maintenance from the man. Single mothers can also claim maintenance from the child’s biological father for the upbringing of her child.

There is recourse to ensure that ex-husbands with means comply with the maintenance order. Should he fail to pay the maintenance, the wife, ex-wife or child can file a Magistrate's Complaint to begin enforcement proceedings. It only costs $1 to file such a complaint. If the ex-husband fails to make one or more payments required under the maintenance order, he may be issued an attachment of earnings order, or fined and/or jailed 2 and/or have a garnishee order made against him by the Court. An attachment of earnings order is an order that a portion of the man's salary be deducted by his employer and paid directly to the ex-wife each month. A garnishee order is an order requiring a third party, eg, a bank, who is due to make a payment to the man, to pay to the woman or child instead.

I am not convinced of the need to set up a Government agency to collect and chase after those who do not pay up. Having said that, there is some merit in exploring how we can better help women in their claims against errant ex-spouses as well as discourage irresponsibility among men. We will work with the Family Court to explore how to strengthen the enforcement of maintenance orders for such cases.

We must bear in mind that any measure put in place should reinforce the message that the ex-spouse should be accountable for his actions and obligations. The State cannot and should not play the role of surrogate father.

2 The (ex)husband may be sentenced to imprisonment for a term not exceeding one month for each month he defaults on paying maintenance.

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