Women’s Charter 1961 · 2020 Revised Edition · Part 9 · Enforcement of Maintenance Orders
91P. Imprisonment for breaching maintenance order
Last amended by an amending law of 2023.
Official textFrom Singapore Statutes Online, unchanged
The sentence of imprisonment mentioned in section 91B(1)(b) that the court may impose must not exceed —
one month for each month’s worth of maintenance arrears (or any part thereof); or
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.
maintenance arrears
“maintenance arrears” means payments due and payable under a maintenance order, whether secured or unsecured;
To avoid doubt, the court —
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
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.
show‑payment order
“show‑payment order” means an order under section 81(2)(c) or (4)(a)(i).
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
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;
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.
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;
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.
maintenance enforcement application
“maintenance enforcement application” means an application under section 80;
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:
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;
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;
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);
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;
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).
payable maintenance
“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;
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:
$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);
$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.
Terms defined in this Act
child
Defined · s 122“child” means a child of the marriage as defined in section 92 but who is below 21 years of age.
maintenance arrears
Defined · s 76“maintenance arrears” means payments due and payable under a maintenance order, whether secured or unsecured;
maintenance enforcement application
Defined · s 76“maintenance enforcement application” means an application under section 80;
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;
show‑payment order
Defined · s 76“show‑payment order” means an order under section 81(2)(c) or (4)(a)(i).
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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