SINGAPORE - Those seeking maintenance, or financial support, from former spouses or other family members who refuse to pay up will find it easier to get the money with a new process that started on Jan 16.
In the first three weeks since then, the Ministry of Law’s (MinLaw) Maintenance Enforcement Division received an average of four cases a day, its spokeswoman told The Straits Times.
Numbers are expected to grow in the coming weeks with greater public awareness of the new Maintenance Enforcement Process, she added.
This was implemented to address concerns about people who did not pay maintenance, or defaulters.
Officers in this new division can obtain the defaulter’s financial information from his or her banks and government agencies such as the Central Provident Fund Board, the Housing Board and the Inland Revenue Authority of Singapore.
This will help to distinguish between defaulters who genuinely cannot afford to pay maintenance and those who have the financial means but refuse to pay for various reasons, such as to get back at their former spouses, family lawyers said.
Previously, there were no powers for the courts or mediators to obtain the defaulter’s financial information directly from third parties such as banks and government agencies.
PKWA Law Practice senior associate director of family law and probate Dorothy Tan said: “Non-payment of maintenance, even when individuals can afford it, often stems from personal disputes, control or lingering resentment from the breakdown of the marriage.
“Some individuals may withhold maintenance to gain leverage in ongoing conflicts or to avoid taking responsibility, even though their financial situation allows them to meet these obligations.”
With accurate information about the defaulter’s financial circumstances at hand, the Family Justice Courts will be able to make more “targeted and effective” enforcement orders to recover maintenance arrears, the MinLaw spokeswoman said.
Previously, a person who was owed maintenance had to file a discovery application to get a better idea of the defaulter’s financial circumstances – for example, when he or she claimed to not have money to pay up.
A discovery application is an application to the courts to compel the other person to provide documents and information relating to his or her assets and expenditure.
However, the process of filing discovery applications can be costly and time-consuming, family la...