Recovering Unpaid Maintenance from Spouses and Family Members
This article breaks down the new Maintenance Enforcement Process (“MEP”) in Singapore, explaining how it addresses non-compliance issues, the role of Maintenance Enforcement Officers (“MEOs”), and a step-by-step application process. It also covers the requirements for applications that qualify under Phase 1, streamlining maintenance enforcement for more effective outcomes.
Maintenance in Singapore
In Singapore, monetary payment for a child or spouse is known as maintenance, including reasonable medical and educational expenses. A maintenance order may be issued by the Court upon application by a parent on behalf of a child or by a spouse.
The party seeking maintenance enforcement is referred to as the Applicant (“A”), while the party required to pay maintenance is known as the Respondent (“R”).
Under Singapore Family Law, both parents are legally obligated to pay for their child’s maintenance, regardless of custody arrangements. Typically, the non-custodial parent—the parent who does not have primary care of the child—is responsible for making maintenance payments to the custodial parent to ensure the child’s well-being.
Non-Compliance with Maintenance Orders
“We still see a fairly high number of cases of non-compliance with maintenance orders,” Law and Home Affairs Minister K Shanmugam told Parliament, highlighting the persistent issue despite measures to address defaulters—individuals who fail to fulfil their maintenance obligations.
Between 2017 and 2019, an average of 2,700 applications to enforce maintenance orders were filed annually. Of these, 15% to 20% were repeat applications made under the Women’s Charter within the same year.
New sanctions have been introduced against defaulters, including mandatory financial counselling, community service orders, and credit bureau reporting. However, these measures have not fully resolved the issue, and non-compliance remains a concern.
To address these issues, the Family Justice Reform Bill introduced the Maintenance Enforcement Process (“MEP”), effective 16 January 2025.
3 Key Issues with the Previous System
| Key Issue | Challenges and Impact |
|---|---|
| Limited Access to Financial Information | |
| Ineffective Enforcement Orders | |
| Time-Consuming and Complex Process |
The persistence of repeat applications and non-compliance with enforcement orders suggests that gaps in the previous system made it difficult for applicants to receive timely financial support. These limitations underscored the need for further reforms to strengthen enforcement mechanisms and improve outcomes.
Easier Enforcement of Maintenance Owed to Family Members
Since its launch, the Ministry of Law’s Maintenance Enforcement Division (“MED”) has handled an average of four cases per day, with this number expected to rise as public awareness grows.
The new MEP aims to:
- Deter non-payment of maintenance;
- Simplify enforcement procedures when there is non-payment;
- Facilitate sustainable maintenance outcomes; and
- Enhance access to justice, especially for self-represented applicants
Maintenance Enforcement Officers (MEOs) and Their Role in the New MEP
To further support the objectives of the new MEP, a dedicated team of Maintenance Enforcement Officers (MEOs) has been established. Appointed by the Law Minister, these officers will oversee enforcement cases going forward, ensuring the process effectively deters non-payment and streamlines enforcement procedures.
Key responsibilities of the MEOs include:
Conciliation Sessions
Facilitating amicable and sustainable settlements between parties.
Gathering Financial Information
Obtaining financial information from involved parties, the CDP, and government agencies such as Central Provident Fund (“CPF”), Housing and Development Board (“HDB”), Inland Revenue Authority of Singapore (“IRAS”), Singapore Land Authority (“SLA”), Land Transport Authority (“LTA”), and other relevant financial institutions.
Reporting to the Court
Submitting financial information to the Court to facilitate more targeted and effective enforcement orders.
Referral for Financial Assistance
Directing parties who cannot pay maintenance to Social Service Offices for additional financial aid.
By shifting the burden of evidence collection to MEOs, the new MEP reduces legal costs, streamlines enforcement, and makes it easier for applicants to obtain the maintenance they are entitled to.
Understanding the New MEP Framework
The New MEP provides a structured workflow to ensure timely and effective enforcement of maintenance orders.
The process can be broken down into five key stages: Application, Document Submission, Conciliation, Hearing, and Post-Hearing.
1. Application
The process begins when the Applicant (“A”) applies for maintenance enforcement. This is typically done online through the Family Justice Courts’ system.
If the applicant requires financial assistance, they may also apply under the ComCare Short-to-Medium-Term Assistance (“SMTA”) scheme.
2. Document Submission
Both the Applicant (“A”) and Respondent (“R”) are required to submit relevant financial documents such as payslips, bank statements, and employment details for review.
MEOs review these documents to assess the financial standing of both parties. If necessary, they may gather additional information from third parties such as banks and government agencies.
3. Conciliation
Before proceeding to a court hearing, MEOs facilitate conciliation sessions to encourage an amicable resolution. During conciliation, MEOs propose possible solutions for both parties to consider.
If both parties agree, a settlement is recorded, potentially avoiding a full court trial. However, if no agreement is reached, the case proceeds to a court hearing for further enforcement measures.
4. Hearing
The Court conducts a hearing to determine the enforcement actions required. The outcome depends on whether a full settlement is reached.
If a full settlement is reached, the Court may issue a:
Consent Order
The Consent order confirms the agreed-upon maintenance terms between the parties.
In these cases where parties come to an agreement, the Court can still exercise its discretion to make a Show-Payment Order (“SPO”).
If a full settlement is not reached, the Court may issue the following orders:
Maintenance Payment Order
In contested cases where the Court is satisfied that the maintenance order in question has been breached and there is no consent order made on the maintenance order application, the Court will issue an order specifying the amount of maintenance arrears to be paid and how the Respondent is to pay the arrears.
Show-Payment Order
The Court will also issue a Show-Payment Order (“SPO”), requiring the Respondent to provide proof of payment for a specified period of time.
The SPO must also state that unless special circumstances exist, the Respondent is liable to imprisonment if they fail to show proof of payment.
If there is no payment under the SPO, the Respondent will be imprisoned, unless the Respondent can show good reason for failing to do so. Additionally, the defaulter will be required pay a fee of $180 for the services of the MEOs.
5. Post-Hearing
Depending on whether the Respondent complies with the maintenance order, there are three possible outcomes after the hearing.
| Situation | Outcome |
|---|---|
| If Respondent breaches the SPO within 6 months of the Hearing | |
| If Respondent fails to pay maintenance within 1 year of the Hearing, and after SPO has ended | |
| If Respondent fails to pay maintenance after 1 year of the Hearing, and after SPO has ended |
MEP Phase 1: What You Need to Know and Next Steps
Phase 1 of the MEP took effect on 16 January 2025, applying only to eligible ‘repeat’ maintenance enforcement cases. An applicant must file a fresh application to enforce the maintenance order on or after 16 January 2025, and must meet specific criteria, as outlined below.
A maintenance enforcement application is considered a “repeat” case when:
- At least one previous application has been concluded (i.e., all appeals have been resolved, or the appeal period has ended).
- There are no ongoing maintenance enforcement applications.
- The application is filed under the Women’s Charter 1961, the Guardianship of Infants Act 1934, the Administration of Muslim Law Act 1966, or the Maintenance of Parents Act 1995 (Note: These laws cover maintenance for current and former spouses, children and elderly parents).
In the later phases, the MEP will progressively expand to applicants who apply to enforce maintenance orders for the first time.
The New MEP: A Step Towards Fairer Maintenance Enforcement
The new MEP is a crucial step toward ensuring fairer, more efficient maintenance enforcement. With the introduction of dedicated MEOs, streamlined financial investigations, and simplified enforcement procedures, the system aims to achieve three key goals.
- Provide a stronger deterrence against non-compliance with maintenance orders.
- Facilitate more sustainable maintenance outcomes, particularly for families facing genuine financial difficulties.
- Create a more accessible and efficient process for enforcing maintenance orders when they are not complied with.
For those grappling with non-payment issues, the new process offers hope for more effective and fair outcomes. It strengthens the protection of applicants while contributing to a more equitable and just system for individuals who depend on maintenance support.
How Our Legal Team Can Help
The new MEP simplifies enforcement applications, making them more accessible to applicants in person. For applicants in person, we can advise you in the background on strengthening your application, guide you on organising your evidence and prepare you to present it at the conciliation session and hearing.
For those who find the process overwhelming, we offer comprehensive representation, guiding you through each stage. We manage the entire application on your behalf. This includes preparing your case, drafting the necessary legal documents, organising the evidence, and advocating for you at hearings.
A common challenge that Applicants face is uncertainty about the Respondent’s financial ability to pay. In such cases, we can engage with MEOs to direct their focus on the defaulter’s key financial details, suggest relevant lines of inquiry, and highlight critical information that should be reviewed to ensure a fair and accurate assessment.
At Yuen Law, we are committed to providing practical legal solutions at every stage of the process. Our goal is to ensure you receive the support you need for a favourable resolution.
Contact Information
For more information and/or assistance on family law and maintenance-related matters, you may contact:
Lim Fung Peen
Director, Head of Private Wealth and Family Practice Group
E: fungpeen@yuenlaw.com.sg
