Not paying maintenance? Law enforcement officials should be empowered to seize financial information. – Mothership.SG

The Justice Department will create a new enforcement unit with the authority to seize financial information from people who default on child support payments.

Law Minister K Shanmugam announced this in Parliament on March 1, 2024, during the Supply Committee debates.

New process for enforcing maintenance orders

Shanmugam said: “We note that non-compliance with maintenance orders is relatively common and a significant number of repeated applications for enforcement are made, usually by the wife or ex-wife.”

To better enforce support orders, the Family Justice Reform Act passed in 2023 established a new support enforcement process (MEP), he explained.

A new unit consisting of Maintenance Enforcement Officers (MEOs), which falls under the purview of the Ministry, will be authorized to obtain information on the financial situation of the parties directly from the parties or third parties, such as banks and government agencies.

Obtain financial information from non-compliers more easily

Shanmugam noted that this will relieve applicants of the need to instruct lawyers to approach the court to obtain the information, which “requires time, effort and expense,” a process that could drag on for years , if the defendant were not cooperative.

He added that with more accurate and clear information, the MEO and courts would be better able to distinguish between defendants who are unable to pay their maintenance and those who refuse to pay.

If the divorcee is unable to pay maintenance due to their circumstances, the official will refer them to the appropriate agency for financial assistance.

But for those who intentionally default on their maintenance payments, the process will strengthen deterrence against them, Shanmugam stressed.

He said the court would typically monitor payments for about six months, and failure to pay could result in a prison sentence.

“This system should hopefully help reduce the number of repeat defaulters,” he added.

Shanmugam also announced that the MEP will be operational from the second half of 2024.

Top image from Unsplash.

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