SINGAPORE - Those seeking maintenance from their former spouses who refuse to pay up may soon have an easier time doing so, after the Family Justice Reform Bill was tabled for a first reading in Parliament on Thursday.

As non-compliance with maintenance orders continues to be a concern, a new unit of maintenance enforcement officers will be set up to ensure that those who refuse to pay are dealt with more decisively, the ministries of Law and Social and Family Development said in a news release.

The maintenance enforcement officers will be given the power to obtain information about the parties’ assets and means from entities including banks and government agencies such as the Central Provident Fund Board and Housing Board.

This will help the officers distinguish between those who cannot afford to pay maintenance and those who have the financial means but refuse to pay.

Presently, if a party requires more information about the other person’s financial circumstances, he or she has to file a discovery application. There are no current powers for the court or mediators to obtain the information directly from third parties.

With enhanced access to information that is now not available readily, the court will be in a better position to determine the appropriate order against a respondent who fails to comply with a maintenance order, the ministries said.

The officers can also direct parties who genuinely cannot pay maintenance to avenues of financial assistance, and the maintenance order can be reviewed in the course of enforcement proceedings, without the need for a party to file a separate formal application, in certain circumstances.

Any information found by the officers can also be used as evidence by those who believe their former spouses may be dissipating their assets – for example, withdrawing savings to be kept elsewhere – to manipulate their financial situation. Currently, the burden of proof is on the applicant.

The officers are part of a new Maintenance Enforcement Process (MEP), which will simplify applications related to non-payment of maintenance orders.

According to data from the Family Justice Courts, from 2017 to 2019, there was an average of around 2,700 applications a year.

Those seeking maintenance enforcement from their former spouses now need to undergo a time-consuming process of attending physical and virtual court hearings. This can mean forgoing several days of income for those who are daily-rated workers, said the ministries.

Other changes to be introduced in the MEP include the court making a Show-Payment Order to require the respondent to prove that maintenance payments have been made by specified dates.

The court will specify a jail term respondents will be liable for if they fail to show proof of payment under the Show-Payment Order. The imprisonment order will not be made only under special circumstances, with consideration to poor health status and old age.

These measures are aimed at reducing repeated non-compliance of those who refuse to pay up despite having the means to do so.

Jane, not her real name, is the main caregiver of her seven-year-old daughter after separating from her husband in 2018.

Her husband was ordered to pay her $650 a month for their daughter’s maintenance, covering expenses such as food and childcare.

He has been regularly late in paying the monthly sum, sometimes for up to two months. As a result, Jane sometimes struggles to afford their daughter’s expenses on her own.

Jane said he made it clear that it was not a case of not being able to afford maintenance, but rather he refused to pay.

When taken to court, all three enforcement applications were dismissed as he would eventually pay the maintenance arrears. Jane said she hopes the new process will strongly deter people like her former spouse.

She added that maintenance payments are important as the welfare of a child continues to be a shared responsibility, even if the parents are no longer together.

“It is very emotionally and mentally draining to have to wonder every month when, or if, the payment will come in. I hope these measures will help others who are facing similar issues as me.”