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NEW MAINTENANCE ENFORCEMENT PROCESS IN SINGAPORE

NEW MAINTENANCE ENFORCEMENT PROCESS IN SINGAPORE

16 July 2025

BY OOm SEO

NEW MAINTENANCE ENFORCEMENT PROCESS IN SINGAPORE

I. Introduction

1. Starting 16 January 2025, a new Maintenance Enforcement Process (“MEP”) will be launched in phases. This article provides an overview of the Maintenance Enforcement Process means, its stages, and how it impacts parties involved.

II. What is the Maintenance Enforcement Process

2. The Maintenance Enforcement Process (MEP) is a structured legal procedure designed to enforce compliance with court-ordered maintenance payments, such as child support and spousal maintenance. The MEP ensures payments are made timely and addresses non-payment issues systematically.

III. Stages of the Maintenance Enforcement Process

A. Stage 1: Application and Documents

3. An Applicant (i.e. the person who is owed maintenance) (“A”) files a Maintenance Order Application on iFAMS.
4. Once the application has been successfully filed, the Family Justice Courts (“FJC”) will serve the Respondent (“R”) with the summons.

5. The Parties will be directed to submit relevant documents to the Maintenance Enforcement Officer (“MEO”) and to attend Conciliation Sessions before an MEO. MEOs are persons appointed to oversee enforcement cases and discharge their functions under the MEP.

B. Stage 2: Conciliation, Fact-Finding and Reporting

6. The MEO will prepare a Draft Interim Report (“DIR”) which will be sent to the Parties before the first Conciliation Session.

¹ Phase 1 of the MEP is applicable only to eligible repeat applications to enforcement payments owed under a maintenance order.

² iFAMS is an online platform for parties to file and manage their Family Justice Courts cases. (https://ifams.judiciary.gov.sg/sop/#iFAMS)

³ A list of maintenance enforcement officers may be found here: https://med.mlaw.gov.sg/maintenance-enforcement-officers/.

⁴ MEOs have four primary functions:

(a) Conduct fact-finding – Obtain financial information and documents from the parties themselves and/or relevant third parties such as banks and government agencies.

(b) Conduct Conciliation Sessions (see below).

(d) Submit information gathered in a report to the Court.

7. During the first Conciliation Session, Parties will negotiate and discuss potential settlement agreements with the MEO. 8. After the first Conciliation Session, there are two outcomes: (1) Parties reach a full settlement on all issues, or (2) Parties reach a partial / no settlement.

Outcome 1: Full Settlement

Outcome 2: Partial / No Settlement

Parties record a Consent Order during the first Conciliation Session.

MEO uses its fact-finding powers to obtain all missing financial documents.
MEO will update the DIR.
A second Conciliation Session will be conducted after the MEO obtains the required financial documents.

9. If Parties record a Consent Order or are unable to reach a full settlement, the MEO will prepare a Final MEO Report (“FMR”) to be submitted to the Court.

C. Stage 3: Hearing in the Family Justice Courts

10. After receiving the FMR, the Court will fix a Hearing date.

Consent Order

No Settlement

In addition to the Consent Order, the Court may make other enforcement orders.

The Court will make an order:
- Declaring the amount of arrears;
- Ordering R to make payment in either (1) a lump sum, or (2) installments; and
- Require R to Show Payment.

In addition to the orders above, the Court may also make other enforcement orders.

⁵ For certain documents such as IRAS NOAs and bank statements, a Court Order will be required. As such, the MEO will request for a Court Order.
⁶ For instance: Show Payment Orders, Warrant to Levy, Attachment of Debt Order, Banker’s Guarantee, Financial Counselling, Community Service Order, or Attachment of Earnings Order.

D. Stage 4: Post-Hearing

11. Following the Hearing:

If R breaches Show-Payment Order

R fails to pay maintenance WITHIN 1 year from Hearing date and after Show-Payment Order period has ended

R fails to pay maintenance AFTER 1 year from Hearing date and after Show-Payment Order period has ended

If R does not attend before the FJC to show proof of payment or show good cause for breach, the Court will issue a Warrant of Arrest and may sentence him to imprisonment.
The Court may also make other enforcement orders (footnotes 7 and 9), if necessary.

A files Enforcement of Maintenance Application.
Unlike a fresh maintenance enforcement application, the process proceeds immediately to Stage 3: Hearing.

A files Enforcement of Maintenance Application.
Parties go through Stages 1 – 3 above again.

⁷ This is typically specified for 6 months from the Hearing date. The Show Payment Order will specify an imprisonment term.

⁸ For instance: Warrant to Levy, Attachment of Debt Order, Banker’s Guarantee, Financial Counselling, Community Service Order, or Attachment of Earnings Order.

IV. Seeking Legal Advice

12. Navigating the MEP can be complex. It’s advisable to seek legal counsel from an experienced divorce lawyer in Singapore. You may also consider consulting a family lawyer if your maintenance enforcement issues are part of broader family disputes. To simplify proceedings, it may be useful to opt for an uncontested divorce in Singapore. Additionally, understanding the divorce procedure in Singapore can help you better prepare for maintenance-related matters.
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