Women’s Charter 1961 · 2020 Revised Edition · Part 9 · Enforcement of Maintenance Orders
91O. Imprisonment for breaching show‑payment order
Last amended by an amending law of 2023.
Official textFrom Singapore Statutes Online, unchanged
Where a court has specified a term of imprisonment under section 81(2)(d) or (4)(a)(ii) in respect of a respondent, the court may sentence the respondent to imprisonment if —
the respondent fails to prove to the satisfaction of the court, by any date specified under section 81(2)(c) or (4)(a)(i) in respect of an amount to be paid, that the respondent has paid that amount by the date specified in the order under section 81(2)(b) or (4)(a)(i)(A) (as the case may be) for payment of that amount; and
the court is satisfied that the respondent has shown no good cause for his or her failure mentioned in paragraph (a).
The sentence of imprisonment given under subsection (1) must not exceed the term of imprisonment specified under section 81(2)(d) or (4)(a)(ii).
To avoid doubt, an exercise of the power under section 81(10)(b) or (c) by a court in respect of only part of a payment does not affect the court’s power to sentence the respondent to imprisonment under subsection (1) in respect of any other part of the payment.
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;
For the purposes of determining whether an amount has been paid under subsection (1), any payment of maintenance by the respondent is to be treated as payment towards the satisfaction of —
first — any maintenance arrears required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be; and
second — any payable maintenance required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be.
A sentence of imprisonment imposed on a respondent under subsection (1) does not affect or diminish the obligation of the respondent to pay any amount to be paid under the maintenance order that he or she has failed to pay.
maintenance order
“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;
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;
payable maintenance
Defined · s 76“payable maintenance” means any amount that has not fallen due but will become due and payable by a respondent, under a maintenance order, by such date or dates as the court may specify in a show‑payment order;
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