Women’s Charter 1961 · 2020 Revised Edition · Part 9 · Enforcement of Maintenance Orders
91R. Recovery of maintenance arrears
Last amended by an amending law of 2023.
Official textFrom Singapore Statutes Online, unchanged
This section applies to maintenance arrears under any maintenance order.
maintenance arrears
“maintenance arrears” means payments due and payable under a maintenance order, whether secured or unsecured;
Subject to subsection (4), unsecured maintenance arrears, whether payable by agreement or under an order of court —
are recoverable as a debt from the defaulter;
where they accrued due before the making of a bankruptcy order against the defaulter — are provable in the defaulter’s bankruptcy; and
where they accrued due before the defaulter’s death — are a debt due from the defaulter’s estate.
Subject to subsection (4), unsecured maintenance arrears which accrued due before the death of the person entitled to the maintenance are recoverable as a debt in civil proceedings mentioned in subsection (6)(b) by the legal personal representatives of that person.
Maintenance arrears are not recoverable in any proceedings (whether commenced before, on or after the date of commencement of section 24 of the Family Justice Reform Act 2023) from the defaulter if the amount accrued due more than 3 years before the commencement of the proceedings, unless —
other proceedings to recover the amount from the defaulter had previously been commenced within 3 years (or any longer period that the court in those proceedings may have allowed) after the amount accrued due; or
the court, under special circumstances, otherwise allows.
Subsection (4) does not apply to any amount owing as maintenance under a maintenance order (as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975 and which is registered or confirmed by the court under that Act) in respect of which civil proceedings mentioned in subsection (6)(b) have been commenced before the date of commencement of section 24 of the Family Justice Reform Act 2023.
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;
In subsection (4), a reference to proceedings to recover any amount owing as maintenance is a reference to —
proceedings under this Act to enforce the payment of the amount; or
any other civil proceedings to recover the amount.
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;
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