Enforcement of Compliance with Maintenance Payments in Divorce Cases

Ms Tin Pei Ling asked the Minister for Social and Family Development given the importance of having both parents involved in raising of a child despite a divorce, how will the Ministry ensure that a maintenance order is fully complied with especially if the parent ordered to pay maintenance has the financial means to do so.

We agree that it is important for both parents to be involved in raising their children despite a divorce.

However, there will be cases where a parent deliberately neglects or refuses to provide maintenance. This is why MSF had worked with the Family Justice Courts to introduce the Maintenance Record Officer (MRO) scheme in 2016. One of the MRO's functions is to assist the Family Justice Courts to gather information and submit an assessment of why the parent has defaulted on providing maintenance – that is, whether the parent is unable to pay, or unwilling to pay. If the parent has the financial means to pay but is unwilling to do so, the Family Justice Courts can consider whether harsher penalties should be meted out for non-compliance.

Maintenance default may also occur where there is genuine financial hardship. In such instances, the families are referred to Social Service Offices for financial assistance.

MSF and the Family Justice Courts will continue to review the maintenance enforcement regime to enhance compliance.