SINGAPORE Trends and Developments Contributed by: Loh Wai Mooi, Wang Liansheng, Petrina Tan and Vaithieiswariy Kumar, Bih Li & Lee LLP
• imprisonment for failure to pay maintenance arrears. Post hearing If the respondent breaches the show-payment order which is typically required for the first six months, and if the respondent is unable to show good reasons for this breach, the court may sentence the respondent to imprisonment and may also make an additional enforcement order (as set out above). If the respondent fails to pay maintenance within one year of the hearing and the show-payment order has ended, the applicant may file for an enforcement application. The court may rely on the previous MEO report that was submitted without having to call for a further fact-finding exercise. Parties are only required to go through the entire process if the applicant applies for an enforcement application because the respondent has failed to pay maintenance within one year of the hearing and after the show-payment order has ended.
The post-hearing arrangements help streamline the process, and provide customised, effective and appropriate case management, thereby helping the applicant(s) to avoid incurring costs and significant time to undergo a similar process again if the respond ‑ ent has been recalcitrant. Conclusion The new MEP comes with a more robust process and enforcement process, compelling respondents to treat their maintenance obligations more seriously. This will hopefully reduce the incidence of defaults, and ensure that maintenance orders are complied with, so that a stable and sustainable outcome can be created for the parties, helping them to move forward after the breakdown of their marital relationship.
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