Phase 1 of New Maintenance Enforcement Process to Commence on 16 January 2025
20 December 2024 Posted in Press releases
1. A new Maintenance Enforcement Process (“MEP”) will be implemented on 16 January 2025. In the first phase of implementation, the new MEP will be available to those who have made one or more previous court applications to enforce payment owed to them under maintenance orders1. The MEP will be available for other categories of enforcement applications in later phases.
2. The new MEP will:
a) Deter non-payment of maintenance;
b) Make enforcement easier when there is non-payment of maintenance;
c) Facilitate sustainable maintenance outcomes; and
d) Increase access to justice for applicants, especially those who are self represented.
3. The commencement of Phase 1 of the MEP follows the passing of the Family Justice Reform Act2 in Parliament on 8 May 2023, as part of the ongoing efforts by the Ministry of Law, the Ministry of Social and Family Development, and the Family Justice Courts (“FJC”) to strengthen therapeutic justice elements in the family justice system and help families in distress to heal and move forward with their lives.
New Unit of Maintenance Enforcement Officers
4. Under the new MEP, applications to enforce payments owed under a maintenance order will be referred to a newly-established Maintenance Enforcement Division (“MED”) sited in the Ministry of Law.
5. Maintenance Enforcement Officers (“MEOs”) from the MED will conduct conciliation to facilitate amicable and sustainable settlement between parties. In conciliation, which replaces the existing mediation process, MEOs will play a more active role in seeking information and recommending solutions to the parties. The MEOs are also empowered to obtain information from the parties and, if necessary, banks and other third parties such as public agencies3. This will ensure the resolution of the maintenance enforcement application is based on parties’ true financial circumstances.
6. The MEOs will then submit a report to the FJC. With the information provided by the MEOs, the FJC can more accurately determine the parties’ financial circumstances and distinguish between respondents who cannot pay maintenance and those who refuse to pay. This will help the FJC to make more targeted and effective enforcement orders to recover maintenance arrears.
7. The MEOs will also refer suitable parties to financial assistance.
Phase 1 of the MEP
8. During Phase 1, the MEP will apply to eligible repeat maintenance enforcement applications4.
9. Applicants who wish to enforce a maintenance order can file their applications at the FJC. If this is the first maintenance enforcement application, the MEP will not apply during Phase 1. Instead, the FJC’s existing maintenance enforcement process will apply. The FJC will refer eligible cases with a previous maintenance enforcement application to the MED in Phase 1.
10. In Phase 1, respondents undergoing the MEP will be charged a fee of $180 (inclusive of GST) for the MEO’s services. This fee will be reviewed in subsequent phases to ensure alignment with the objectives of the scheme.
11. The MEP will be expanded to more categories of maintenance enforcement applications in later phases.
12. More information on the new MEP and MED can be found on the MED’s website at https://go.gov.sg/meo, as well as in the Annex.
MINISTRY OF LAW
MINISTRY OF SOCIAL AND FAMILY DEVELOPMENT
20 DECEMBER 2024
1. These include maintenance orders made under the Women’s Charter 1961, the Guardianship of Infants Act 1934, the Administration of Muslim Law Act 1966, and the Maintenance of Parents Act 1995.↩
2. For more information on the Act, please refer to https://go.gov.sg/fjrb-press-release.↩
3. This includes the Central Provident Fund Board, the Housing & Development Board, the Inland Revenue Authority of Singapore, the Singapore Land Authority and the Land Transport Authority.↩
4. An eligible repeat maintenance enforcement application is an application to enforce a maintenance order in respect of which (a) there is at least one concluded maintenance enforcement application (i.e. the application and any appeal have been disposed of, and/or the time for appeal has lapsed); and (b) there is no pending maintenance enforcement application.↩