Women’s Charter 1961 · s 91P

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—(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.(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.Illustration1. 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.
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.
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.
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.
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.
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.Illustration1. 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.

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s 91PImprisonment for breaching maintenance order

(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.

(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.Illustration

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.