MAINTENANCE CLAIMS

Ms Braema Mathiaparanam asked the Minister for Law (a) how many claims for non-maintenance have been filed by ex-spouses each year over the years 1999 to 2002; and (b) in such cases, what are the actions taken against the defaulting spouses.

Prof. S. Jayakumar: Based on figures provided by the family courts, the number of enforcement applications filed by wives, ex-wives and guardians of children to enforce orders for spousal or child maintenance from 1999 to 2001 were 3,820, 3,843 and 3,973 respectively. Complaints filed by ex-wives are not classified separately. From January to July this year, there were 2,460 such applications.

Under section 71 and Part IX of the Women's Charter, if an ex-spouse fails to make maintenance payments, the court may make the following orders:

(i) Firstly, the court may direct the amount due to be levied by seizing his assets and selling them to pay the maintenance arrears;

(ii) Secondly, the court may sentence him to a term of imprisonment not exceeding one month for each month's allowance remaining unpaid;

(iii) Thirdly, the court may make a garnishee order. By such an order, the court may direct a debtor who owes a debt to the ex-husband to pay the sum owed to the complainant instead of the ex-husband, to discharge the maintenance arrears; and

(iv) Fourthly, the court may make an attachment of earnings order. By this order, the court directs the ex-husband's employer to deduct the maintenance amount from his salary and pay the money to the complainant.

Besides these orders, if the complainant is agreeable to giving time to the defaulting ex-husband to pay the maintenance arrears or the court is satisfied that more time should be given to pay the arrears, the court may direct the ex-husband to pay the arrears by instalment payment.