PART 9 | ENFORCEMENT OF MAINTENANCE ORDERS |
| Interpretation of this Part |
76.—(1) In this Part —| “applicant” means a person who makes a maintenance enforcement application; |
| “appointed day” means the date of commencement of section 24 of the Family Justice Reform Act 2023; |
| “attachment of earnings order” means an order by a court requiring the person to whom the order in question is directed (being a person appearing to the court to be a respondent’s employer) to make payments in satisfaction of the order out of the earnings falling to be paid to the respondent; |
| “conciliation session” means a session under section 88; |
| “consent order” means an order under section 81(1)(d); |
“earnings”, in relation to a respondent, means any sums payable to the respondent —| (a) | by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service; or | | (b) | by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment; |
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| “employer” means a person by whom, as a principal and not as an employee or agent, earnings fall to be paid to a respondent, and references to payment of earnings are to be construed accordingly; |
| “maintenance arrears” means payments due and payable under a maintenance order, whether secured or unsecured; |
| “maintenance enforcement application” means an application under section 80; |
| “maintenance enforcement officer” or “MEO” means an individual appointed under section 77(1), and includes the chief maintenance enforcement officer or “Chief MEO”; |
| “maintenance enforcement order” means an order mentioned in section 91B(1); |
| “maintenance enforcement proceedings” means the proceedings in court arising from any application under this Part, including any appeal against any decision made by the court on the application; |
“maintenance order” means any of the following orders, whether made before, on or after the appointed day:| (a) | an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child, made or deemed to be made by a court under Part 8; | | (b) | an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10; | | (c) | an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; | | (d) | an order for the payment of money in respect of the maintenance of an infant made under the Guardianship of Infants Act 1934; | | (e) | an order for maintenance made under the Maintenance of Parents Act 1995; | | (f) | a maintenance order, as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975, which is registered or confirmed by the court under that Act; |
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| “MEO’s report” means any report prepared for the purposes of section 89(1), (2) or (3); |
| “payable maintenance” means any amount that has not fallen due but will become due and payable by a respondent, under a maintenance order, by such date or dates as the court may specify in a show‑payment order; |
| “referred application” means a maintenance enforcement application referred by the court to an MEO under section 84(1); |
| “regulations” means regulations made under section 91A; |
| “related attachment of earnings order”, in relation to a maintenance order, means an attachment of earnings order made for the purpose of securing payment of any part of the maintenance payable under the maintenance order, and a “related maintenance order” in relation to an attachment of earnings order is to be construed accordingly; |
| “respondent”, in relation to a maintenance order or a maintenance enforcement application in respect of a maintenance order, means the person liable to make payments under the maintenance order; |
| “show‑payment order” means an order under section 81(2)(c) or (4)(a)(i). |
(2) In this Part —| (a) | a reference to any information includes a reference to a document; and | | (b) | a reference to the submission of any information includes, in relation to information that is contained in a document, a reference to submitting the document. [Act 18 of 2023 wef 16/01/2025] |
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| Appointment of Chief MEO and other MEO |
77.—(1) The Minister may, for the purposes of this Part, appoint any number of individuals that the Minister considers necessary as maintenance enforcement officers, of whom one is to be appointed by the Minister as the chief maintenance enforcement officer.| (2) Every appointment under subsection (1) may be on any terms or conditions that may be specified by the Minister. |
| (3) The Chief MEO is to exercise his or her powers, and to perform his or her functions and duties, under this Part subject to the general or special directions of the Minister insofar as the directions are not inconsistent with this Act. |
| (4) Every MEO (except the Chief MEO) is to exercise his or her powers, and to perform his or her functions and duties, under this Part subject to the general or special directions of the Chief MEO insofar as the directions are not inconsistent with this Act or the general or special directions of the Minister. |
(5) Every individual appointed under subsection (1) —| (a) | has the powers, functions and duties of an MEO; and | | (b) | is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising the powers or performing the functions or duties of an MEO. |
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(6) No liability shall lie personally against an MEO or the Chief MEO (as the case may be) for anything that is done or purported to be done, or omitted to be done, in good faith and with reasonable care in —| (a) | the exercise or purported exercise of any power under this Part; or | | (b) | the performance or purported performance of any function or duty under this Part. |
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| (7) Notice of the appointments made under subsection (1) must be published in the Gazette or in a manner that brings the appointments to the general notice of the public, which may include publication on a website. |
(8) In this section, a reference to the Minister includes a reference to any of the following persons designated by the Minister to exercise the power under subsection (1) (including the power to specify terms and conditions under subsection (2) or to give any general or special directions under subsection (3) or (4)):| (a) | a Second Minister, Minister of State or Senior Minister of State for the Ministry under the charge of the Minister; | | (b) | a Parliamentary Secretary, Senior Parliamentary Secretary or Permanent Secretary to the Ministry under the charge of the Minister. [Act 18 of 2023 wef 16/01/2025] |
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| Enforcement of maintenance orders made by General Division of High Court |
| 78. A maintenance order made by the General Division of the High Court may be enforced by a Family Court in accordance with this Part as if that order had been made by the Family Court, except that a Family Court has no power to vary an order of the General Division of the High Court. [Act 18 of 2023 wef 16/01/2025] |
| Powers of court relating to witnesses in maintenance enforcement proceedings |
79.—(1) The court may, in any maintenance enforcement proceedings, do all or any of the following despite any provision of the Evidence Act 1893 or any rule of law to the contrary concerning the examination of witnesses:| (a) | dispense with the examination‑in‑chief or cross‑examination (or any part of the examination‑in‑chief or cross‑examination) of a witness; | | (b) | pose any question directly to a witness; | | (c) | determine the order in which witnesses are to be produced or examined. |
| (2) Subsection (1) does not apply in relation to any maintenance enforcement proceedings in the General Division of the High Court hearing an appeal from any decision of a Family Court. |
| (3) Subsection (1) does not limit any powers of the court in furtherance of a judge‑led approach under the Family Justice Rules. [Act 18 of 2023 wef 16/01/2025] |
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| 79A. [Repealed by Act 7 of 2016] |
Division 2 — Maintenance enforcement application and
court’s powers on application |
| Application for maintenance enforcement order — by and to whom |
80.—(1) Any of the following persons may make an application to the court for enforcement of a maintenance order that the person alleges to have been breached:| (a) | the person who applied for the maintenance order; | | (b) | a person who is a payee under the maintenance order for the benefit of a child and who is —| (i) | a person having custody or care and control of the child; or | | (ii) | subject to subsection (2) — a trustee of the child; |
| | (c) | without limiting paragraph (b), where the maintenance order was applied for by the person appointed by the Minister under section 69(3)(d) (called the appointed person) — a person who is a payee under the maintenance order and who is the person nominated by the appointed person to receive payment under the maintenance order; | | (d) | any other person who has a right under any other written law to enforce the maintenance order. |
| (2) Any person wishing to make an application under subsection (1), who is a trustee of a child jointly with one or more other persons, must obtain the consent of all the other trustees. [Act 18 of 2023 wef 16/01/2025] |
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| Court orders on maintenance enforcement application |
81.—(1) Subject to the provisions of this Part, the court may do one or more of the following on a maintenance enforcement application:| (a) | if the court is satisfied that the maintenance order in question has been breached — make one or more maintenance enforcement orders in respect of the maintenance order in question; | | (b) | where the maintenance order in question is made by the Family Court under Part 8 or 10 or the Guardianship of Infants Act 1934 and the prescribed circumstances exist — vary, suspend, discharge, rescind, set aside or revoke the maintenance order on the application of the applicant or respondent; | | (c) | dismiss the maintenance enforcement application; | | (d) | make a consent order based on the terms of any agreement between the applicant and respondent on —| (i) | the following amounts to be paid under the maintenance order in question:| (A) | the amount of maintenance arrears (if any) under the maintenance order in question as at the date of the consent order; | | (B) | the amount of payable maintenance (if any) under the maintenance order in question; and |
| | (ii) | any other detail concerning the mode or the date or dates by which the amount of maintenance is to be paid; |
| | (e) | where the maintenance order in question is made by the Family Court under Part 8 or 10 or the Guardianship of Infants Act 1934 and the prescribed circumstances exist — make an order to vary, suspend, discharge, rescind, set aside or revoke the maintenance order based on the terms of any agreement between the applicant and respondent; | | (f) | if the applicant has been absent from a conciliation session on any date fixed for the session — strike out the maintenance enforcement application. |
(2) Where the court is satisfied that the maintenance order in question has been breached and no consent order is made on the application and the application is not dismissed under subsection (1)(c) or struck out under subsection (1)(f), the court must make an order —| (a) | declaring the amount of maintenance arrears (if any) under the maintenance order as at the date of the declaration; | | (b) | requiring the respondent to make payment of the maintenance arrears declared under paragraph (a) in a lump sum or in instalments by such mode and on such date or dates as the court may specify; | | (c) | requiring the respondent to prove any payment of maintenance arrears under paragraph (b) or any payable maintenance, in such manner and on such date or dates as the court may specify; and | | (d) | subject to subsection (5), specifying a term of imprisonment for the purposes of section 91O in respect of the respondent. |
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| (3) To avoid doubt, the court may make an order under subsection (1)(a) or (b) in addition to any order that the court must make under subsection (2). |
(4) If the court makes a consent order, the court may also do one or both of the following:| (a) | make an order —| (i) | requiring the respondent to prove, in such manner and on such date or dates as the court may specify —| (A) | that any maintenance arrears or payable maintenance agreed between the applicant and respondent to be paid has been paid by the date or dates agreed between the applicant and respondent and as recorded in the consent order; and | | (B) | that the maintenance mentioned in sub‑paragraph (A) has been paid in the mode specified by the court; and |
| | (ii) | subject to subsection (5), specifying a term of imprisonment for the purposes of section 91O in respect of the respondent; |
| | (b) | make any maintenance enforcement order, except a maintenance enforcement order mentioned in section 91B(1)(b). |
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(5) The term of imprisonment specified under subsection (2)(d) or (4)(a)(ii) must not exceed the following:| (a) | for each failure to prove payment of any maintenance arrears in accordance with subsection (2)(c) or (4)(a)(i) (as the case may be) — 6 months; | | (b) | for each failure to prove payment of any payable maintenance in accordance with subsection (2)(c) or (4)(a)(i) (as the case may be) — one month for each month’s worth of payable maintenance (or any part thereof). |
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| (6) In subsection (5)(b), a reference to each month’s worth of payable maintenance is a reference to the total amount of maintenance that is required to be paid by the respondent in a month under the maintenance order in question. |
| (7) The court must not make any order under subsection (2)(d) or (4)(a)(ii) specifying any term of imprisonment if special circumstances exist which render the making of the order inappropriate. |
| (8) The special circumstances to which the court may have regard for the purposes of subsection (7) include the respondent’s age and the respondent’s state of health and physical condition. |
(9) Where a show‑payment order is made in relation to a maintenance order, no further maintenance enforcement application may be made in relation to the same maintenance order in respect of any maintenance required to be proved to be paid by the respondent under the show‑payment order, until the expiry of the latest of the following dates:| (a) | every date specified by the court in the show‑payment order on which the maintenance is required to be proved to have been paid; | | (b) | in a case where the respondent fails to prove payment of any maintenance on any date mentioned in paragraph (a) — the date of the hearing in which the respondent is required to show good cause for his or her failure to prove such payment. |
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(10) At any time after the making of an order under subsection (2) or (4)(a), the court may, on the application of a respondent and upon being satisfied that there is good reason to do so, specify in respect of any payment (or any part of the payment) mentioned in that order, one or more of the following:| (a) | a different mode of the payment for the purposes of subsection (2)(b) or (4)(a)(i); | | (b) | a later date or dates on which the respondent is required to make such payment; | | (c) | a later date or dates for proving such payment as required under subsection (2)(c) or (4)(a)(i), as the case may be. [Act 18 of 2023 wef 16/01/2025] |
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| 81A. [Repealed by Act 18 of 2023 wef 16/01/2025] |
| Reinstatement of maintenance enforcement application |
| 82. The court may, if it thinks fit, reinstate a maintenance enforcement application struck out under section 81(1)(f) upon an application by the applicant for the reinstatement. [Act 18 of 2023 wef 16/01/2025] |
| Arrears report to designated credit bureau |
83.—(1) If the court has declared under section 81(2)(a) the amount of maintenance arrears under a maintenance order, and any of that amount remains in arrears, any of the following persons may lodge a report with a designated credit bureau, stating the amount that remains in arrears as at the date of the report (called in this section an arrears report):| (a) | the person to whom or for whose benefit the maintenance is payable; | | (b) | the caregiver of a person mentioned in paragraph (a); | | (c) | an authorised representative of a person mentioned in paragraph (a); | | (d) | an MEO. |
| (2) Subject to subsection (3), the designated credit bureau may provide to a member of the designated credit bureau information in an arrears report in relation to a respondent, either on its own or consolidated with other information pertaining to the credit payment history of the respondent. |
| (3) Where, subsequent to the lodging of an arrears report, the designated credit bureau has received any report updating the amount that remains in arrears in relation to a respondent (called in this section an updating report), any information that the designated credit bureau may provide to its member under subsection (2) may be consolidated with the information in the updating report. |
(4) Regulations may provide for the following matters:| (a) | the information to be submitted in or with an arrears report or updating report; | | (b) | the procedure for the lodging of an arrears report or updating report, including any requirement to file a declaration as to the accuracy of the information in the arrears report or updating report; | | (c) | the persons who may apply for a copy of an arrears report or updating report; | | (d) | the procedure for a respondent who is the subject of an arrears report or updating report to challenge the accuracy of any information in an arrears report or updating report. |
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(5) In this section, “designated credit bureau” means an entity that —| (a) | collects and maintains information about the credit payment history of a person and provides the information to its members for the purpose of enabling its members to assess the creditworthiness of a person; and | | (b) | has been designated by the Minister as a credit bureau for the purposes of receiving an arrears report under subsection (1). [Act 18 of 2023 wef 16/01/2025] |
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Subdivision (1) — Referred applications and
information‑gathering by MEO, etc. |
84.—(1) The court may, at any time after a maintenance enforcement application is made, refer the application to an MEO in order that the MEO may —| (a) | ascertain the facts and circumstances that could be relevant to the referred application; | | (b) | conduct conciliation between the parties; | | (c) | assist the court in matters relating to the referred application; and | | (d) | generally perform the functions of an MEO under this Part. |
(2) Where the court refers a maintenance enforcement application to an MEO under subsection (1), the court may direct the applicant and respondent —| (a) | to provide the MEO with any information that may be prescribed by the regulations within the time specified by the court; and | | (b) | to attend before an MEO for a conciliation session on any date or dates and at any place or through any electronic means of communication, specified by the MEO. [Act 18 of 2023 wef 16/01/2025] |
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| Referral by MEO for financial assistance |
85.—(1) An MEO may, in relation to a referred application —| (a) | refer the applicant or respondent (as the case may be) to a social service officer for any financial assistance; and | | (b) | disclose to the social service officer any information provided or obtained under section 84(2) or 86 that the MEO thinks is relevant to the referral. |
| (2) In this section, “social service officer” means any individual who is authorised under the Community Care Endowment Fund Act 2005 to make payment out of the Community Care Endowment Fund established by section 3(1) of that Act and includes any other prescribed individual. [Act 18 of 2023 wef 16/01/2025] |
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| Powers of MEO and court to direct, require or order provision of information, etc. |
86.—(1) Subject to subsection (5), an MEO may, in relation to a referred application —| (a) | direct the applicant or respondent to provide the MEO with any information; or | | (b) | for the purpose of obtaining information from the applicant or respondent, direct the applicant or respondent (as the case may be) to attend an interview with the MEO. |
| (2) The court may, on its own motion or at the request of an MEO in relation to a referred application, order the applicant or respondent to provide the MEO with any information in the possession, custody or power of the applicant or respondent (as the case may be) that the court considers relevant to the referred application. |
| (3) Subject to subsection (6), an MEO may, in relation to a referred application, request the court to order a bank to provide the MEO with any information if such conditions as may be prescribed by the regulations in relation to the bank are met. |
(4) Subject to subsections (5) and (6), where an MEO requires any information from a third party in relation to a referred application, the MEO may —| (a) | where the third party is a prescribed third party and the conditions prescribed by the regulations in relation to the prescribed third party (if any) are met — direct that prescribed third party to provide the MEO with the information; | | (b) | where the third party is a prescribed third party, and —| (i) | the information is made available to the MEO by the prescribed third party on a prescribed data‑sharing platform; and | | (ii) | the conditions prescribed by the regulations in relation to the prescribed third party (if any) are met, |
| obtain the information from the prescribed data‑sharing platform; or |
| | (c) | request the court for an order that the third party provide the MEO with the information. |
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(5) The MEO must not —| (a) | direct the provision of any information under subsection (1)(a); | | (b) | obtain any information from the applicant or respondent at an interview under subsection (1)(b); | | (c) | request for an order under subsection (3) or (4)(c) for the provision of any information; or | | (d) | direct the provision of, or obtain, any information under subsection (4)(a) or (b) by or from a prescribed third party, |
| unless the MEO has reasonable grounds to believe that the information is relevant to the referred application. |
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(6) The MEO must not —| (a) | request for an order under subsection (3) for the provision of any information; or | | (b) | direct the provision of, or obtain, any information under subsection (4)(a) or (b) by or from a prescribed third party, |
| unless the information belongs to a category of information that is prescribed by the regulations in relation to the bank or prescribed third party, as the case may be. |
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| (7) The court must not make an order under subsection (3) or (4)(c) for the provision of any information unless the court is satisfied that the MEO who made the request has reasonable grounds to believe that the information is relevant to the referred application. |
| (8) Any person directed or ordered to provide information to an MEO under subsection (1)(a), (2), (3) or (4)(a) or (c) must do so in the manner and within the time specified by the MEO or the court, as the case may be. |
(9) This section applies —| (a) | despite any other written law; and | | (b) | whether or not any person accessing, using or disclosing information under this section is under any obligation (imposed by any written law or otherwise) not to access, use or disclose the information. |
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| (10) This section does not affect the exercise of any right or authority under any other written law or rule of law to access, use or disclose confidential information. |
(11) In this section —| “bank” has the meaning given by section 2(1) of the Banking Act 1970; |
| “prescribed data‑sharing platform” means any information system, on which information is made available by one or more prescribed third parties, that may be prescribed by the regulations; |
| “prescribed third party” means any third party prescribed by the regulations; |
| “third party”, in relation to a referred application, means a person other than the applicant and respondent, but excludes a bank. [Act 18 of 2023 wef 16/01/2025] |
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| Non‑compliance with directions given under section 86(1) |
| 87. Where an applicant or a respondent fails to comply with any direction of an MEO under section 86(1), the court may draw any adverse inference against the applicant or respondent (as the case may be) that the court thinks fit in the determination of the maintenance enforcement application in question. [Act 18 of 2023 wef 16/01/2025] |
| Subdivision (2) — Conciliation session by MEO |
| Purpose and scope of conciliation session, etc. |
88.—(1) An MEO may conduct a conciliation session on one or more dates with an applicant and a respondent (called in this section the parties) for the purpose of facilitating an agreement between the parties on any issue concerning a maintenance enforcement application.| (2) Without limiting subsection (1), an MEO conducting the conciliation session may make recommendations to the parties as to how to resolve any dispute between them on any issue concerning the application. |
| (3) If the respondent has been absent from a conciliation session on any date fixed for the session, the court may direct the respondent to attend the conciliation session on a later date specified by the court. [Act 18 of 2023 wef 16/01/2025] |
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| Subdivision (3) — MEO’s report |
| Submission of MEO’s report |
89.—(1) Unless otherwise specified by the court, an MEO must, in relation to a referred application under section 84(1), submit to the court a report containing the following matters and information:| (a) | all the information provided to the MEO under section 84(2) or 86 in relation to the maintenance enforcement application; | | (b) | any other matters and information in relation to the maintenance enforcement application as may be prescribed. |
| (2) Subject to the regulations mentioned in subsection (4), where an MEO thinks that any information ought to be brought to the attention of the parties before submitting a report under subsection (1) in relation to a referred application, the MEO may prepare an interim report containing the information to be provided to the parties. |
| (3) In addition to or instead of a report under subsection (1) or (2), the court may direct an MEO to submit a report containing any other matters relating to the referred application that the court may require. |
(4) Regulations may provide for —| (a) | the circumstances in which an MEO may provide a copy of an interim report mentioned in subsection (2) —| (i) | to an applicant only; or | | (ii) | to an applicant before a copy of the same is provided to a respondent; and |
| | (b) | where an interim report mentioned in subsection (2) is provided by an MEO to the applicant before the respondent — the time within which a copy of an interim report must be provided to a respondent. |
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(5) The Family Justice Rules may provide for —| (a) | the circumstances under which the court may direct an MEO to submit an interim report mentioned in subsection (2); | | (b) | the manner of submission of any MEO’s report and any documentary evidence or other evidence in support of the information in the report, to the court; and | | (c) | any other information or documents required to be submitted to the court with any MEO’s report. [Act 18 of 2023 wef 16/01/2025] |
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| Redaction, significance and sharing of MEO’s report, etc. |
90.—(1) If any document to be submitted to the court with an MEO’s report contains any matter, information or material that is not relevant to the maintenance enforcement proceedings in question, the MEO may redact the parts of the document containing the matter, information or material.| (2) If the court is of the opinion that any redacted part of the document contains any matter, information or material that may be relevant to the maintenance enforcement proceedings in question, the court may direct an MEO to resubmit a copy of the document without the redaction. |
| (3) The court is to give due consideration to an MEO’s report in determining what order or orders ought to be made on the maintenance enforcement application, including whether the maintenance order in question ought to be varied. |
(4) In any maintenance enforcement proceedings —| (a) | a copy of an MEO’s report in relation to the maintenance enforcement application is admissible as evidence of the opinion of the MEO who prepared the report and of the facts upon which the MEO’s opinion is based in relation to any matter contained in the report; | | (b) | an MEO who prepared or submitted an MEO’s report need not be called as a witness unless the MEO is to be examined by the court or, with the permission of the court, by the applicant or respondent; and | | (c) | the court may, after giving due consideration to an MEO’s report, make any order as it thinks fit without any further evidence of the matters in the MEO’s report. |
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| (5) Where the court has made a maintenance enforcement order mentioned in section 91B(1)(e) against a respondent, the court may direct an MEO to share such parts of an MEO’s report with such persons as the court may specify to facilitate the administration of the maintenance enforcement order. [Act 18 of 2023 wef 16/01/2025] |
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| Reliance on previous MEO’s reports in subsequent enforcement proceedings, etc. |
91.—(1) This section applies where a maintenance enforcement application (called the previous application) was made in respect of a maintenance order, and —| (a) | a maintenance enforcement application is subsequently made in respect of the same maintenance order (called the subsequent maintenance enforcement application); or | | (b) | any prescribed proceedings involving the same parties as those in the previous application arise subsequently (called the subsequent proceedings). |
(2) In a case where subsection (1)(a) applies —| (a) | a copy of an MEO’s report submitted in relation to the previous application (called a previous report) is admissible in the proceedings in the subsequent maintenance enforcement application as evidence of the opinion of the MEO who prepared the report and of the facts upon which the MEO’s opinion is based in relation to any matter contained in the report; | | (b) | an MEO who prepared the previous report need not be called as a witness unless the MEO is to be examined by the court or, with the permission of the court, by the applicant or respondent; and | | (c) | the court may, if no evidence has been adduced to prove that there has been a material change in the circumstances of the applicant or respondent since the previous report was submitted by an MEO — make any order that it thinks fit based on the matters in the previous report, without any further evidence of the matters in the MEO’s report. |
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(3) In a case where subsection (1)(b) applies —| (a) | a copy of an MEO’s report submitted in relation to the previous application (called a previous report) is admissible in the subsequent proceedings as evidence of the opinion of the MEO who prepared the report and of the facts upon which the MEO’s opinion is based in relation to any matter contained in the report; but | | (b) | the MEO who prepared the previous report is not to be called as a witness or be examined by the court or any of the parties in the subsequent proceedings. |
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| (4) In this section, “prescribed proceedings” means such proceedings in a Family Court or the General Division of the High Court of the class of proceedings prescribed by regulations. [Act 18 of 2023 wef 16/01/2025] |
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| Subdivision (4) — Regulations by Minister |
| Minister’s power to make regulations for purposes of this Division and sections 77 and 83 |
91A.—(1) The Minister may make regulations —| (a) | to prescribe anything that is required or permitted by this Division or section 77 or 83 to be prescribed by regulations made under this section; or | | (b) | generally for the purposes of this Division or section 77 or 83. |
(2) Without limiting subsection (1), regulations may —| (a) | provide for the qualifications or experience of persons to be appointed as an MEO; | | (b) | prescribe the fees payable to an MEO and the persons by whom the fees are so payable; | | (c) | provide for the waiver, refund or remission (whether in whole or in part) of any prescribed fee; | | (d) | provide for the conduct of any interview by an MEO under section 86(1)(b) and the convening and conduct of any conciliation session, including by using any remote communication technology; and | | (e) | prescribe that any act or omission in contravention of any provision of regulations made under this section shall be an offence punishable with a fine not exceeding $500 or with imprisonment for a term not exceeding 6 months or with both. |
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(3) The powers conferred by subsection (1)(b) or (2)(e) do not extend to any matter —| (a) | for which Family Justice Rules may be made under section 179A; or | | (b) | for which rules may be made under section 180(1) or (1A). |
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(4) Regulations made under subsection (1) —| (a) | must be presented to Parliament as soon as possible after publication in the Gazette; and | | (b) | may be revoked (wholly or partly) by a resolution of Parliament. |
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(5) A resolution under subsection (4)(b) —| (a) | must specify the date from which the regulations are revoked; and | | (b) | may only be passed on a motion for which notice is given on or before the first available sitting day of Parliament after the expiry of one month after the date on which the regulations were presented to Parliament. |
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(6) If Parliament passes a resolution under subsection (4)(b) —| (a) | the regulations are revoked with effect from the date specified in the resolution; | | (b) | the revocation does not affect the validity of anything done before the specified date; and | | (c) | the Minister is not prevented from making new regulations. [Act 18 of 2023 wef 16/01/2025] |
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| Division 4 — Orders to enforce payment of maintenance |
| Subdivision (1) — What are maintenance enforcement orders |
| Meaning of “maintenance enforcement order” |
91B.—(1) For the purposes of this Part, each of the following is a maintenance enforcement order:| (a) | a warrant directing that maintenance arrears be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court; | | (b) | an order sentencing the respondent to imprisonment for maintenance arrears as at the time the maintenance enforcement application in question is made; | | (c) | an order for attachment of a debt made in accordance with the Family Justice Rules; | | (d) | an order requiring the respondent to furnish security against any future default in maintenance payments by means of a banker’s guarantee; | | (e) | an order requiring the respondent to undergo financial counselling or any other similar or related programme that the court may direct if the court considers it in the interests of the parties in the maintenance enforcement proceedings or their children to do so; | | (f) | a community service order requiring the respondent to perform unpaid community service; | | (g) | an attachment of earnings order. |
(2) To avoid doubt —| (a) | an order mentioned in subsection (1)(d), (e) or (f) may be made on a maintenance enforcement application even though any maintenance arrears as at the time of making of the application have been paid up in part or in whole by the time the order is made; and | | (b) | an order mentioned in subsection (1)(e) or (f) may be made on a maintenance enforcement application even though the respondent is no longer liable to make any payment under the maintenance order in question by the time the order is made. [Act 18 of 2023 wef 16/01/2025] |
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Subdivision (2) — Provisions relating to attachment of
earnings orders |
| Amount of payment to be directed under attachment of earnings order |
| 91C. The amount that the court may order in an attachment of earnings order is a sum that seems reasonable to the court, after taking into account the resources and needs of the respondent and the needs of persons for whom the respondent must or reasonably should provide. [Act 18 of 2023 wef 16/01/2025] |
| Discharge, variation or cessation of attachment of earnings order made |
91D.—(1) The court by which an attachment of earnings order has been made may, if it thinks fit, on the application of the respondent or a person entitled to receive payments under the related maintenance order, make an order discharging or varying the attachment of earnings order.| (2) An attachment of earnings order or any such order as varied under subsection (1) need not be complied with until the expiry of 7 days after the date on which a copy of the attachment of earnings order or the order as so varied (as the case may be) is served on the person to whom the attachment of earnings order or the order as so varied (as the case may be) is directed. |
| (3) An attachment of earnings order ceases to have effect upon the rescission of the related maintenance order. [Act 18 of 2023 wef 16/01/2025] |
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| Duty to comply with attachment of earnings order |
91E.—(1) A person to whom an attachment of earnings order is directed must, despite anything in any other written law but subject to the provisions of this Subdivision, comply with the order or, if the order is subsequently varied under section 91D(1), with the order as so varied.(2) Where, on any occasion on which earnings fall to be paid to a respondent, there are in force 2 or more attachment of earnings orders relating to those earnings, then, for the purpose of complying with subsection (1), the person to whom those orders are directed must —| (a) | deal with those orders according to the respective dates on which they came into force, disregarding any later order until all earlier orders have been dealt with; and | | (b) | deal with any later order as if the earnings to which it relates were the residue of the respondent’s earnings after the making of any payment pursuant to any earlier order. |
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| (3) A person who makes a payment pursuant to an attachment of earnings order must give to the respondent a statement in writing specifying the amount of that payment. |
| (4) A person to whom an attachment of earnings order is directed who, at the time when a copy of the order is served on the person, is not and has not during the period of one month immediately preceding that time been the respondent’s employer must forthwith give notice in writing to that effect in the prescribed form to the court which made the order. [Act 18 of 2023 wef 16/01/2025] |
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| Additional powers of court to obtain information relating to attachment of earnings order |
91F.—(1) The court may, when considering whether to make, discharge or vary an attachment of earnings order in respect of a respondent —| (a) | order the respondent to give to the court, within the period specified by the order, a statement signed by the respondent of —| (i) | the name, address and other contact details of the respondent’s employer, or of each of the respondent’s employers if he or she has more than one; | | (ii) | any particulars as to the respondent’s earnings specified by the order; and | | (iii) | any prescribed particulars specified by the order for the purpose of enabling the respondent to be identified by any employer of his or hers; |
| | (b) | order any person appearing to the court to be an employer of the respondent to give to the court, within the period specified by the order, a statement signed by the person or on the person’s behalf of any particulars that may be so specified of all earnings of the respondent which fell to be paid by that person during the period specified by the order; and | | (c) | order the Central Provident Fund Board to provide a statement to the applicant stating the following information, if the information is available to the Board based on records kept by the Board:| (i) | the name and address of the respondent’s employer or employers or, if the respondent is unemployed, the respondent’s last known employer or employers in the 12 months immediately preceding the date of the order; | | (ii) | the contributions (if any) made by the respondent or his or her employer to the respondent’s Central Provident Fund account in the 12 months immediately preceding the date of the order. |
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| (2) A document purporting to be a statement mentioned in subsection (1)(a), (b) or (c) is to be received in evidence in the proceedings before the court and is presumed to be such a statement without further proof unless the contrary is shown. |
| (3) In subsection (1)(c), “employer” has the meaning given by section 2(1) of the Central Provident Fund Act 1953. [Act 18 of 2023 wef 16/01/2025] |
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| Obligation to notify changes of employment and earnings |
91G. While an attachment of earnings order is in force —| (a) | the respondent must from time to time notify in writing the court which made the order of every occasion on which the respondent’s employment is terminated or otherwise ends, or the respondent becomes employed or re‑employed, not later (in each case) than 7 days after the date on which the respondent did so; | | (b) | the respondent must, on any occasion when the respondent becomes employed or re‑employed, include in his or her notification under paragraph (a) particulars of his or her earnings and anticipated earnings from the relevant employment; and | | (c) | any person who becomes the respondent’s employer and knows that the order is in force and by what court it was made must, within 7 days after the date that the person becomes the respondent’s employer or acquires that knowledge (whichever is the later), notify that court in writing that the person is the respondent’s employer, and include in that notification a statement of the respondent’s earnings and anticipated earnings. [Act 18 of 2023 wef 16/01/2025] |
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| Power of court to determine what are earnings |
91H.—(1) The person to whom an attachment of earnings order is directed, the respondent, or the person in whose favour the order was made, may apply to the court by which the order has been made for a determination as to whether payments to the respondent of a particular class or description specified by the application are earnings for the purposes of that order.| (2) Where a determination is made by the court under subsection (1), the person to whom the attachment of earnings order is directed is entitled to give effect to any determination for the time being in force under subsection (1). |
| (3) A person to whom an attachment of earnings order is directed who makes an application under subsection (1) does not incur any liability for failing to comply with the order as regards any payments of the class or description specified by the application which are made by the person to the respondent while the application, or any appeal in consequence of the application, is pending. |
| (4) Subsection (3) does not apply as regards the payments mentioned in that subsection if the person to whom the attachment of earnings order is directed subsequently withdraws the application or abandons the appeal, as the case may be. [Act 18 of 2023 wef 16/01/2025] |
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| Treatment of moneys received under attachment of earnings order |
91I. Any sums received by a person by virtue of an attachment of earnings order are treated as payments made by the respondent, so as to discharge —| (a) | first — any sums for the time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date); and | | (b) | second — any costs incurred in proceedings relating to the related maintenance order which were payable by the respondent when the attachment of earnings order was made or last varied. [Act 18 of 2023 wef 16/01/2025] |
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| Earnings paid by Government or out of Consolidated Fund |
91J.—(1) In relation to earnings falling to be paid by the Government or out of the Consolidated Fund pursuant to an attachment of earnings order, the earnings are to be treated as falling to be paid by the chief officer for the time being of the department, office or other body concerned.| (2) If any question arises, in connection with any maintenance enforcement proceedings, as to what department, office or other body is concerned for the purposes of this section, or as to who for those purposes is the chief officer thereof, that question is to be referred to and determined by the Minister charged with the responsibility for finance, but that Minister is not under any obligation to consider a reference under this subsection unless it is made by a court. |
| (3) A document purporting to set out a determination of the Minister charged with the responsibility for finance under subsection (2) and to be signed by an official of the Ministry under the charge of that Minister is, in any such proceedings as are mentioned in that subsection, admissible in evidence and presumed to contain an accurate statement of such a determination unless the contrary is shown. [Act 18 of 2023 wef 16/01/2025] |
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| Penalties for non‑compliance with attachment of earnings order and for giving false notice or statement |
91K.—(1) Any person who —| (a) | fails to comply with section 91E(1) or (4) or 91G, or an order of a court under section 91F(1); | | (b) | gives a notice mentioned in section 91E(4) or a statement pursuant to an order of a court under section 91F(1), which notice or statement the person knows to be false in a material particular; or | | (c) | recklessly gives a notice mentioned in section 91E(4) or a statement pursuant to an order of a court under section 91F(1), which is false in a material particular, |
| shall, subject to subsection (2), be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (2) It is a defence for a person charged with failing to comply with section 91E(1) to prove that the person took all reasonable steps to comply with the attachment of earnings order to which the failure relates. [Act 18 of 2023 wef 16/01/2025] |
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Subdivision (3) — Provisions relating to other maintenance
enforcement orders (except imprisonment) |
91L.—(1) This section applies where a respondent has been ordered by the court to furnish a banker’s guarantee mentioned in section 91B(1)(d).(2) The banker’s guarantee furnished by the respondent —| (a) | must be valid for a period specified by the court (not exceeding 3 years), starting on the date the order for security is made; and | | (b) | must be for an amount specified by the court not exceeding 3 months of maintenance payable under the maintenance order. |
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| (3) The respondent must make the original banker’s guarantee available to the person to whom maintenance is owed (called in this section a maintenance claimant) within one month from the date of the order. |
(4) Where —| (a) | a maintenance claimant makes a demand on the banker’s guarantee and no maintenance arrears are owing to the claimant at the time of the demand; or | | (b) | the amount paid out under a banker’s guarantee to a maintenance claimant exceeds the actual amount of maintenance arrears owing to the claimant at the time the claimant’s demand was made on the banker’s guarantee, |
| any amount that is payable or paid that is in excess of the amount of maintenance arrears owing (called in this section the excess) must be set off against the amount of any maintenance which becomes payable by the respondent to the maintenance claimant at any time on or after the date of the demand on the banker’s guarantee (called in this section future maintenance liability). |
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| (5) Where there is no future maintenance liability against which the excess may be offset, the maintenance claimant who made the demand on the banker’s guarantee giving rise to that excess must, upon demand by the respondent, refund the excess to the respondent. |
| (6) Where a refund is not made as required under subsection (5), the respondent may recover the amount due to the respondent under that subsection from the maintenance claimant as if the amount were a civil debt due to the respondent. [Act 18 of 2023 wef 16/01/2025] |
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91M. Where a court has made a maintenance enforcement order mentioned in section 91B(1)(e) requiring a respondent to attend financial counselling or any other similar or related programme but the respondent fails to comply with the order, any of the following persons may make a complaint to the court regarding the non‑compliance:| (a) | the person who is to have provided the financial counselling or conducted the similar or related programme ordered by the court; | | (b) | the Director‑General or any person appointed by the Director‑General, where the court has ordered the respondent to attend financial counselling or any other similar or related programme under the direction or supervision of the Director‑General. [Act 18 of 2023 wef 16/01/2025] |
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91N.—(1) A community service order mentioned in section 91B(1)(f) must not exceed 40 hours.| (2) A court must not make a community service order mentioned in section 91B(1)(f) against a respondent unless the court is satisfied that suitable arrangements can be made for the respondent to perform the community service under the supervision of a community service officer. |
| (3) Even though a community service order mentioned in section 91B(1)(f) has been made, the court may, upon an application by a community service officer and upon being satisfied that the respondent concerned is medically unfit to comply with the community service order, rescind the order. |
(4) The Minister may —| (a) | appoint any person to be a community service officer for the purposes of this section; | | (b) | prescribe by rules under section 180(1) the duration within which community service to be performed under a community service order must be completed; and | | (c) | make rules under section 180(1), not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community service order may be performed, including the imposition of additional requirements and the service of any instructions or notice on a respondent in respect of whom such an order has been made. [Act 18 of 2023 wef 16/01/2025] |
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Division 5 — Provisions relating to
imprisonment under this Part |
| Imprisonment for breaching show‑payment order |
91O.—(1) Where a court has specified a term of imprisonment under section 81(2)(d) or (4)(a)(ii) in respect of a respondent, the court may sentence the respondent to imprisonment if —| (a) | the respondent fails to prove to the satisfaction of the court, by any date specified under section 81(2)(c) or (4)(a)(i) in respect of an amount to be paid, that the respondent has paid that amount by the date specified in the order under section 81(2)(b) or (4)(a)(i)(A) (as the case may be) for payment of that amount; and | | (b) | the court is satisfied that the respondent has shown no good cause for his or her failure mentioned in paragraph (a). |
| (2) The sentence of imprisonment given under subsection (1) must not exceed the term of imprisonment specified under section 81(2)(d) or (4)(a)(ii). |
| (3) To avoid doubt, an exercise of the power under section 81(10)(b) or (c) by a court in respect of only part of a payment does not affect the court’s power to sentence the respondent to imprisonment under subsection (1) in respect of any other part of the payment. |
(4) For the purposes of determining whether an amount has been paid under subsection (1), any payment of maintenance by the respondent is to be treated as payment towards the satisfaction of —| (a) | first — any maintenance arrears required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be; and | | (b) | second — any payable maintenance required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be. |
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| (5) A sentence of imprisonment imposed on a respondent under subsection (1) does not affect or diminish the obligation of the respondent to pay any amount to be paid under the maintenance order that he or she has failed to pay. [Act 18 of 2023 wef 16/01/2025] |
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| Imprisonment for breaching maintenance order |
91P.—(1) The sentence of imprisonment mentioned in section 91B(1)(b) that the court may impose must not exceed —| (a) | one month for each month’s worth of maintenance arrears (or any part thereof); or | | (b) | in a case where the maintenance order in question requires the payment of maintenance in a lump sum — 6 months. |
| (2) In subsection (1), a reference to each month’s worth of maintenance arrears is a reference to the total amount of maintenance that is required to be paid by the respondent in a month under the maintenance order in question. |
(3) To avoid doubt, the court —| (a) | may impose a sentence mentioned in section 91B(1)(b) on a respondent in respect of a maintenance enforcement application even though the maintenance arrears as at the time of making of the application have been paid up in part or in whole by the time the sentence is imposed; and | | (b) | subject to subsection (4), may impose a sentence of imprisonment mentioned in section 91B(1)(b) and a sentence of imprisonment under section 91O(1) on a respondent in respect of the same maintenance enforcement application. |
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| (4) The court must not impose a sentence of imprisonment mentioned in section 91B(1)(b) after the date that the court has made a show‑payment order in respect of the same maintenance enforcement application. |
(5) A sentence of imprisonment mentioned in section 91B(1)(b) imposed on a respondent does not affect or diminish the obligation of the respondent to make the payment or payments under the maintenance order which he or she has failed to make.| 1. A maintenance order was made against R, requiring R to pay a monthly sum of $1,000 to A, for the maintenance of R’s child, on the first day of every month. |
| 2. R fails to pay any maintenance between 1 February and 1 June (both dates inclusive) which amounts to $5,000 (being 5 months of the monthly sum of $1,000 required to be paid under the maintenance order). A makes a maintenance enforcement application under section 80 on 5 June. |
| 3. R also fails to pay the maintenance that is required under the maintenance order to be paid on 1 July. |
| 4. On 15 July, the court hearing the maintenance enforcement application makes the following orders: |
| (a) | an order under section 81(2)(a), declaring that the maintenance arrears owed by R is $6,000 (being the sum of $5,000 for maintenance arrears as at the date of the maintenance enforcement application and $1,000 which is the maintenance required to be paid on 1 July) as at the date of the declaration; | | (b) | an order under section 81(1)(a) read with section 91B(1)(b), imposing a term of imprisonment of 2 months for R’s breach of the maintenance order by failing to pay maintenance arrears of $5,000 as at the time the maintenance enforcement application is made; | | (c) | an order under section 81(2)(b), requiring R to pay the arrears of $6,000 in 2 monthly instalments of $3,000 each by 1 August and 1 September (which is in addition to the payable maintenance of $1,000 per month required to be paid under the maintenance order on 1 August and 1 September); | | (d) | an order under section 81(2)(c), requiring R to prove to the court on 4 August and 4 September that R has made payment in accordance with the order under section 81(2)(b) and payment of payable maintenance under the maintenance order; | | (e) | an order under section 81(2)(d), specifying a term of imprisonment for the purposes of section 91O if R fails to prove payment in accordance with the order under section 81(2)(c). |
| 5. On 4 August, R proves to the court that R has made payment of $4,000 on 1 August (being the sum of one instalment of $3,000 and the payable maintenance required to be paid under the maintenance order on 1 August). |
| 6. On 4 September, R fails to prove to the court that R has made payment of $4,000 on 1 September (being the sum of one instalment of $3,000 and the payable maintenance required to be paid under the maintenance order on 1 September). R fails to show good cause for failing to prove the payment. Pursuant to section 91O, the court orders R to serve the term of imprisonment specified in the order under section 81(2)(d) made on 15 July for failing on 4 September to prove payment of the arrears of $3,000, and the term of imprisonment specified in that order under section 81(2)(d) for failing on 4 September to prove payment of the payable maintenance of $1,000. |
| 7. After R is sentenced to imprisonment for R’s failure on 4 September to prove payment, R continues to fail to pay any maintenance for which R had been so sentenced. R also fails to pay any maintenance of $1,000 required to be paid under the maintenance order on 1 October, 1 November and 1 December. |
| 8. On 3 December, A makes a second maintenance enforcement application against R for R’s failure to pay the following sums: |
| (a) | $4,000 (comprising the maintenance arrears of $3,000 required to be paid by 1 September under the order made under section 81(2)(b) on 15 July and the maintenance of $1,000 required to be paid by 1 September under the maintenance order) (called previous arrears); | | (b) | $3,000 (comprising the maintenance required to be paid under the maintenance order on 1 October, 1 November and 1 December) (called fresh arrears). |
| 9. The court may sentence R to imprisonment under section 81(1)(a) read with section 91B(1)(b) for the previous arrears and fresh arrears pursuant to this second maintenance enforcement application. |
[Act 18 of 2023 wef 16/01/2025] |
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| Other orders on sentences of imprisonment |
91Q.—(1) Where, at any hearing, a respondent is sentenced to —| (a) | one or more terms of imprisonment mentioned in section 91B(1)(b); | | (b) | one or more terms of imprisonment under section 91O; or | | (c) | a combination of sentences mentioned in paragraphs (a) and (b), |
| the court imposing the sentences may direct any 2 or more of the sentences to run consecutively in the order that the court directs, and the court may direct any 2 or more of the sentences to run concurrently. |
| (2) Unless the court directs otherwise, a sentence of imprisonment mentioned in section 91B(1)(b) or under section 91O takes effect on the day the sentence is passed. [Act 18 of 2023 wef 16/01/2025] |
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| Division 6 — Miscellaneous |
| Recovery of maintenance arrears |
91R.—(1) This section applies to maintenance arrears under any maintenance order.(2) Subject to subsection (4), unsecured maintenance arrears, whether payable by agreement or under an order of court —| (a) | are recoverable as a debt from the defaulter; | | (b) | where they accrued due before the making of a bankruptcy order against the defaulter — are provable in the defaulter’s bankruptcy; and | | (c) | where they accrued due before the defaulter’s death — are a debt due from the defaulter’s estate. |
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| (3) Subject to subsection (4), unsecured maintenance arrears which accrued due before the death of the person entitled to the maintenance are recoverable as a debt in civil proceedings mentioned in subsection (6)(b) by the legal personal representatives of that person. |
(4) Maintenance arrears are not recoverable in any proceedings (whether commenced before, on or after the date of commencement of section 24 of the Family Justice Reform Act 2023) from the defaulter if the amount accrued due more than 3 years before the commencement of the proceedings, unless —| (a) | other proceedings to recover the amount from the defaulter had previously been commenced within 3 years (or any longer period that the court in those proceedings may have allowed) after the amount accrued due; or | | (b) | the court, under special circumstances, otherwise allows. |
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| (5) Subsection (4) does not apply to any amount owing as maintenance under a maintenance order (as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975 and which is registered or confirmed by the court under that Act) in respect of which civil proceedings mentioned in subsection (6)(b) have been commenced before the date of commencement of section 24 of the Family Justice Reform Act 2023. |
(6) In subsection (4), a reference to proceedings to recover any amount owing as maintenance is a reference to —| (a) | proceedings under this Act to enforce the payment of the amount; or | | (b) | any other civil proceedings to recover the amount. [Act 18 of 2023 wef 16/01/2025] |
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| Immunity and offence relating to access, use or disclosure of information under this Part |
91S.—(1) Subject to subsections (2), (3) and (4), any person who —| (a) | knowing that any information about any other person was provided or obtained under any provision of section 84(2) or 86, accesses, uses or discloses the information, without the written consent of that other person; or | | (b) | accesses, uses or discloses any MEO’s report or any information in an MEO’s report, without the written consent of the applicant and respondent to whom the MEO’s report or the information relates, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. |
| (2) Subsection (1) does not apply in relation to any information or any MEO’s report that is publicly available, whether for a fee or otherwise. |
(3) No person shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action, by virtue merely of doing any of the following in good faith and with reasonable care:| (a) | complying with a direction under section 86(4)(a); | | (b) | complying with an order of the court under section 86(3) or (4)(c) or a direction of the court under section 90(5); | | (c) | making information available to an MEO on a prescribed data‑sharing platform for the purpose of section 86(4)(b); | | (d) | accessing or using information provided or obtained under any provision of section 84(2) or 86, or using any MEO’s report or any information in an MEO’s report, in relation to a maintenance enforcement application for the purpose of —| (i) | assessing whether financial assistance ought to be provided to the applicant or respondent in the application and, if so, the terms of the financial assistance; | | (ii) | conducting or facilitating a conciliation session under section 88 in relation to that application; | | (iii) | preparing or assisting in the preparation of an MEO’s report, in relation to that application, for submission to the court, or provision to an applicant or a respondent, under section 89 in relation to that application; or | | (iv) | administering any maintenance enforcement order mentioned in section 91B(1)(e) made by the court against a respondent; |
| | (e) | submitting an MEO’s report to the court in proceedings in any subsequent maintenance enforcement application under section 91(2) or in any subsequent proceedings under section 91(3). |
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(4) In addition, where —| (a) | a direction under section 86(4)(a) is given to a prescribed third party; | | (b) | an order of the court under section 86(3) or (4)(c) or a direction of the court under section 90(5) is directed to a bank, a third party or an MEO; or | | (c) | information is made available by a prescribed third party to an MEO on a prescribed data‑sharing platform for the purpose of section 86(4)(b), |
| no person who is an officer, employee or agent of that prescribed third party, bank, third party or MEO (as the case may be) (called in this subsection the principal), shall be guilty of an offence under any written law or of any breach of confidence, shall incur any civil liability or shall be liable to any disciplinary action, by virtue merely of doing any thing in good faith and with reasonable care, for the purpose of the principal complying with that order or direction, or making the information available to the MEO, as the case may be. |
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(5) For the purposes of subsection (3)(d)(iii), a person assists in the preparation of an MEO’s report only if that person —| (a) | is authorised by the Minister (or by any person authorised by the Minister) to provide administrative support services to enable any MEO to carry out, or otherwise facilitate the carrying out of, an MEO’s functions and duties; and | | (b) | provides the assistance upon the request of an MEO. |
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(6) Subsections (3) and (4) apply —| (a) | despite any other written law; and | | (b) | whether or not any person accessing, using or disclosing information under those provisions is under any obligation (imposed by any written law or otherwise) not to access, use or disclose the information. [Act 18 of 2023 wef 16/01/2025] |
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| Contempt of court orders under this Part |
91T.—(1) Subject to subsection (2), the following provisions do not affect the powers of the court in relation to the punishment for a contempt of court:| (a) | section 81(1)(a) read with section 91B(1)(b), in the context of a breach of a maintenance order; | | (b) | section 91O(1), in the context of a breach of a show‑payment order and a failure to show good cause for the breach. |
| (2) Where a person is sentenced to a term of imprisonment under the provisions mentioned in subsection (1)(a) or (b) in respect of any breach of an order, that breach is not punishable as a contempt of court. |
| (3) A person cannot be sentenced to imprisonment under the provisions mentioned in subsection (1)(a) or (b) in respect of any breach of an order which has been punished as a contempt of court. [Act 18 of 2023 wef 16/01/2025] |
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