COURT ORDER MAINTENANCE

Mdm Claire Chiang See Ngoh asked the Minister for Law (a) from January 1997 to October 1998, how many ex-husbands have evaded Court Order Maintenance; (b) what enforcement measures are in place to make sure ex-husbands pay up their dues; and (c) if his Ministry will request the Central Provident Fund Board to release the funds which the ex-husbands have and pay the ex-wives and children what they are legally entitled to.

Prof S Jayakumar: (a) From January 1997 to October 1998, how many ex-husbands have evaded Court Order Maintenance?

Evasion of Court Maintenance Order is taken to mean non-payment of maintenance orders in part or in whole when the payments become due. The number of applications for the enforcement of maintenance orders from January 1997 to October 1998 is 5833. This figure also includes applications filed by guardians who are not wives against the parent(s) of children as there is no separate categorisation of applications filed by ex-husbands.

(b) What enforcement measures are in place to make sure ex-husbands pay up their dues?

Under section 71 and Part IX of the Women's Charter, when a person who has been ordered to pay maintenance fails to do so, the court may make one of the following orders:

(i) impose a term of imprisonment not exceeding 1 month for each month of maintenance arrears;

(ii) issue a warrant to levy;

(iii) make a garnishee order against monies due or owing to the respondent; or

(iv) make an attachment order against the salary or income of the respondent.

(c) If his Ministry will request the Central Provident Fund Board to release the funds which the ex-husbands have and pay the ex-wives and children what they are legally entitled to.

Presently, CPF savings can only be withdrawn when a member satisfies the conditions for CPF withdrawal (eg. when he reaches age 55 after setting aside his Minimum Sum and Medisave retention sum). Under section 24 of the CPF Act, CPF savings are protected against any claims and debts as such savings are meant to meet members' old age and medical needs. Hence, CPF savings cannot be released to meet the ex-husband's financial obligations including his monthly Court Order Maintenance.

However, where the Court confers in favour of the ex-wife a proprietory interest in the ex-husband's CPF savings and a charge is imposed to secure that proprietory interest, the ex-wife will be entitled to the portion charged when her ex-husband is eligible to withdraw his CPF savings.