Women’s Charter 1961 · 2020 Revised Edition · Part 9 · Enforcement of Maintenance Orders
91L. Banker’s guarantee
Last amended by an amending law of 2023.
Official textFrom Singapore Statutes Online, unchanged
This section applies where a respondent has been ordered by the court to furnish a banker’s guarantee mentioned in section 91B(1)(d).
respondent
“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;
The banker’s guarantee furnished by the respondent —
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
must be for an amount specified by the court not exceeding 3 months of maintenance payable under the maintenance order.
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.
Where —
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
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).
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.
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.
Terms defined in this Act
maintenance arrears
Defined · s 76“maintenance arrears” means payments due and payable under a maintenance order, whether secured or unsecured;
maintenance order
Defined · s 8“maintenance order” means —(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; or(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
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