Women’s Charter 1961 · 2020 Revised Edition · Part 9 · Enforcement of Maintenance Orders
91H. Power of court to determine what are earnings
Last amended by an amending law of 2023.
Official textFrom Singapore Statutes Online, unchanged
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.
attachment of earnings order
“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;
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).
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.
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.
Terms defined in this Act
attachment of earnings order
Defined · s 76“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;
earnings
Defined · s 76“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;
respondent
Defined · s 76“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;
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Part 9A
Additional Provisions Relating to Part 7, 8 or 9
Part 10
Part 10A
Amicable Settlement of Disputes
Part 10B
Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings
Part 10C
Replacement Because of Death
Part 11
Offences Against Women and Girls
Part 12