What to Do If Your Ex-Spouse Does Not Provide Maintenance

You may have been awarded a maintenance order from the judge for your ex-spouse to provide maintenance for your child, yourself, or the both of you following your divorce. However, your ex-spouse has defaulted on their maintenance payments. What can you do to enforce the maintenance order and continue receiving such payments? This article outlines the various steps that you can take.

Applying to Enforce the Maintenance Order

In such situations, you may apply to enforce the maintenance order through making a Magistrate’s Complaint.

When making the application, consider submitting a draft application online via iFAMS (Integrated Family Application Management Systems) first. This is not compulsory, but you are encouraged to do so.

To file an application under iFAMS, log in to iFAMS using your SingPass ID. Once logged in, you will be able to create a draft application to enforce the maintenance order. You will need the following documents for the application:

• Order of Court for the maintenance order you wish to enforce
• Identification document such as NRIC or passport

A step-by-step guide to filing an application under iFAMS can be found here. There is a nominal fee of $1 to file an application to enforce a maintenance order under iFAMS.

The next step is to go to one of the following organisations with the above documents to have them verified, and then submit your maintenance application:

• Family Justice Courts (FJC) Registry
• Singapore Council of Women’s Organisations (SCWO)
• HELP Family Service Centre*
• PPIS As-Salaam Family Support Centre*

* The HELP Family Service Centre and PPIS As-Salaam Family Support Centre are only able to handle applications for the enforcement of maintenance orders arising from divorce proceedings.

If you did not submit a draft application via iFAMS, you can also make your application at the above locations, though this option is more time-consuming.

After your application has been submitted, you will appear before a judge who will consider your application. If you applied at the FJC, attendance before the judge will be in-person while if you applied at the other locations, attendance before the judge will be via video conference.

Before the judge, you will have to swear or affirm that the contents of your application and your answers to the judge’s questions are true and correct.

What Happens after the Application to Enforce the Maintenance Order is Accepted?

If your application is in order, the judge will issue a summons to your ex-spouse. This summons will state a date for a first court hearing of the matter. Both you and your ex-spouse have to attend the hearing. You will need to pay a nominal $1 for this summons to be issued.

The summons will then be served on your ex-spouse. A summary of what happens in court after that is as follows:

• If your ex-spouse shows up in court, a court officer will read your application to your ex-spouse. If your ex-spouse agrees to your application, the court can record a consent order (i.e. a court order confirming what the parties have agreed to).
  • If your ex-spouse fails to show up that day, a warrant of arrest will be issued against him/her.
  • If you fail to show up that day, your application will be struck out.
• If your ex-spouse does not agree to your application, the court may send the matter for mediation. If both of you manage to settle the matter, the court can record a consent order.
• If mediation fails, both of you will be given a court date to start the process of the court deciding on the matter on both parties’ behalf.

You should also prepare a calculation on how much maintenance you are currently owed. For example:

• A table stating which months you’re being owed maintenance and how much you are being owed
• Bank statements which show how much maintenance has/has not been paid yet
• Documentary evidence of expenses that you are allowed to claim maintenance for

What Can Happen to the Defaulting Ex-Spouse after a Successful Application to Enforce a Maintenance Order?

From 16 January 2025, a new Maintenance Enforcement Process (“MEP”) will be implemented. In the first phase of implementation, the MEP will be available to those who have made one or more previous court applications to enforce payment owed to them under maintenance orders. 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.

How does the enhanced Maintenance Enforcement Process work?

The enhanced MEP comprises a three-stage process, as follows:

First Stage: Application

At the first stage, the Applicant will apply online for enforcement. They may also apply for interim financial assistance under the ComCare Short-to-Medium-Term Assistance scheme.

The FJC will serve the defaulting spouse (i.e. the Respondent) with summons. Both parties will also be required to submit financial documents (e.g. pay slips, bank statements) to a Maintenance Enforcement Officer (MEO) from the MED for review.

MEOs are empowered to obtain financial information from the parties and, if necessary, banks and other third parties such as public agencies. This will ensure the resolution of the maintenance enforcement application is based on parties’ true financial circumstances. Where necessary, the MEOs can also refer suitable parties to financial assistance.

Second Stage: Conciliation and Hearing

MEOs will conduct conciliation to facilitate an amicable and sustainable settlement between parties. Conciliation replaces the existing mediation process, and MEOs will be able to play a more active role in seeking information and recommending solutions to the parties.

The MEOs will then submit a report to the FJC. The court can either give direction for further information to be gathered, or to proceed with the hearing. There are two potential outcomes:

Hearing (No full settlement): Where appropriate, the court may rely on the MEO’s report to make the relevant orders, without having to call for oral evidence. If the Respondent has breached the maintenance order, the court must make a Show-Payment Order. Additional enforcement orders may also be made.

Hearing (Full settlement): The court will record a consent order, and may make a Show Payment Order, in addition to other enforcement orders.

Third Stage: Post-Hearing

Note: The period of Show-Payment Order is typically 6 months from the date of the Hearing

Within 6 months: If the Respondent breaches the Show-Payment Order and does not show good cause for the breach, the court may sentence the Respondent to imprisonment (along with other enforcement orders, as necessary). If the Respondent fails to turn up before the court to show proof of payment of payment, a Warrant of Arrest will be issued.

Within 1 year: If the Respondent fails to pay maintenance within 1 year of the Hearing and after the period of any Show-Payment Order has ended, then the Applicant can file an enforcement application online. The Respondent will be directed to attend before the court – the parties will not be required conciliation sessions. Where appropriate, the court may rely on MEO’s report submitted in previous proceedings to make the necessary orders to enforce the maintenance order, without having to call for further evidence.

After 1 year: In a case where the Respondent fails to pay maintenance after 1 year of the Hearing and after the period of any Show-Payment Order has ended, the Applicant will need to file an enforcement application online, and parties will be required to undergo the full enforcement process. The court may make the appropriate orders to enforce the maintenance order.

For further legal guidance or advice on any of the issues discussed above, do speak to one of our experienced divorce lawyers.