On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 28/03/2013.
71.
—(1) If any person fails to make one or more payments required to be made under a maintenance order, the court which made the order may do all or any of the following:
(a)
for every breach of the order by warrant direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court;
(b)
sentence him to imprisonment for a term not exceeding one month for each month’s allowance remaining unpaid;
(c)
make a garnishee order in accordance with the rules made under this Act;
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(d)
order the person to furnish security against any future default in maintenance payments by means of a bankerʼs guarantee which —
(i)
shall be valid for such period (not exceeding 3 years) as the court may determine, starting from the date the order for security is made; and
(ii)
shall be for an amount not exceeding 3 months of maintenance payable under the maintenance order;
(e)
if the court considers it in the interests of the parties in the maintenance proceedings or their children to do so, order the person to undergo financial counselling or such other similar or related programme as the court may direct;
(f)
make a community service order requiring the person to perform any unpaid community service for up to 40 hours under the supervision of a community service officer.
(2) A sentence of imprisonment ordered under subsection (1)(b) shall not affect or diminish the obligation of the person against whom the maintenance order is made to make the payment or payments under the maintenance order which he has failed to make, except that the court may, if it thinks fit, reduce the amount of any such payments.
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(2A) The court may make an order under subsection (1)(d), (e) or (f) notwithstanding that any arrears of maintenance which gave rise to the proceedings in which the order is made have been paid up in part or in whole by the time the order is made.
(2B) If a person fails to make one or more payments payable under a maintenance order and an order is made by the court under subsection (1) stating the amount of arrears, any of the following persons may lodge a report to a designated credit bureau regarding the unpaid arrears stated on the order of court:
(a)
the person to or for whom the maintenance is payable;
(b)
the caregiver of such person; or
(c)
an authorised representative of such person.
(2C) The designated credit bureau may, on receipt of the report referred to in subsection (2B), provide the information, either on its own or consolidated with other information pertaining to the credit payment history of the maintenance defaulter, to the members of the credit bureau.
(2D) In this section, “designated credit bureau” means an entity that —
(a)
collects and maintains information about the credit payment history of a person and provides such information to its members for the purpose of enabling its members to assess the creditworthiness of a person; and
(b)
has been designated by the Minister as a credit bureau for the purposes of receiving a report lodged under subsection (2B).
(2E) For the avoidance of doubt, a community service order made by the court under subsection (1)(f) shall be deemed not to be a community service order made under the Criminal Procedure Code 2010 (Act 15 of 2010) and sections 346 to 352 of that Act shall not, except as may be provided in this section, apply to a community service order made under subsection (1)(f).
(2F) An order made by the court under subsection (1) shall state the name, Singapore identity card number, contact number and address of the person who has defaulted on any maintenance payment and the complainant, except where the court determines it would be inappropriate to do so in any particular case.
(3) A maintenance order made by the High Court may be enforced by a District Court in accordance with subsection (1) as if that order had been made by the District Court, except that a District Court shall have no power to vary an order of the High Court.
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