asiaone
Diva
updated 19 Jun 2012, 01:21
user id password
Tue, Sep 14, 2010
my paper
Email Print Decrease text size Increase text size
Women's Charter: Proposed changes to tackle divorces
by Rachel Chan

ABOUT four years ago, Sharifah's (not her real name) former husband disappeared and stopped making the monthly maintenance payments needed to support her two young sons.

Since her divorce in 2004, she has had to apply for the maintenance order to be enforced every few months or so, appearing in court and going through tedious red tape.

She did this to get a monthly payment of $200 and, some time later, her former husband became uncontactable.

"After a while, you lose interest (in chasing him for payments)," said the 28-year-old, who works as a waitress.

Sharifah's predicament is not unique. For the past four years, an annual average of 3,600 applications for maintenance orders to be enforced were filed.

The divorce rate has been steadily climbing too - by about 4 per cent per annum for the past two decades.

Help may soon be on the way if proposed changes to the Women's Charter are passed. The Ministry of Community Development, Youth and Sports yesterday invited members of the public to provide feedback and comments on the proposals.

If the proposals are passed, claimants - or former wives - will be able to obtain their former husband's - or defaulter's - employment information from the Central Provident Fund (CPF) Board. The amendments will also grant claimants access to a defaulter's workplace address, as well as his CPF contribution history for the preceeding year.

The Family Court will then be able to order a deduction from the defaulter's earnings, which will go towards maintenance payments. To deter defaulters, the court may order him to undergo financial counselling, serve 40 hours of community service or order him to post a banker's guarantee.

Claimants can also report maintenance debts to credit bureaus.

Lawyers my paper spoke to welcomed the proposed amendments, although they said that it remains to be seen how the tightened rules will be applied. More so, they question whether they will be effective.

Describing the current enforcement process as "frustrating", family lawyer Linda Ong said: "Frequently...so long as their income is not affected, they may keep defaulting and you may have to keep chasing them repeatedly for (payment).

"It would make enforcement a lot easier if the courts are now more willing to make such orders."

Presently, the courts rarely order a deduction to be made from a defaulter's earnings, as doing so would alert his employer, explained Ms Ong.

Instead, a defaulter could be ordered to pay his former wife by way of instalments or, in extreme cases, a defaulter could be jailed for non-payment. However, jail sentences are rarely meted out in these instances, said family lawyer Wong Kai Yun.

Ms Wong said: "These proposed measures fill a lacuna in the powers of enforcement that the courts never had before. That's why enforcement was always such a problem."

Ordering that deductions be made from a defaulter's earnings would also reduce the need for claimants to make repeated court appearances due to non-payment, said Ms Wong.

Other proposed changes to the Women's Charter include measures to better protect children of divorced parents.

Such parents with children below the age of 21 may have to attend compulsory counselling and mediation sessions.

They could also be ordered to transfer matrimonial assets into the Children's Development Account, to ensure that their children will be taken care of if both parents fail in their duties.

The public is invited to send their feedback to the Ministry of Community Development, Youth and Sports via www.reach.gov. sg by Sept 26.

» Read also:

How the proposed changes to Women's Charter may affect you


[email protected]


For more my paper stories click here.

readers' comments
Chabors are fighting tooth and nail for maintenance. Why? Because the LAW allows it, and therefore it is their entitlement? I think the law should be changed.

Maintenance for children is fair, but the wife should also contribute to it. A good judge should apportion expenses for bringing up the children according to how it would have been if the spouses did not divorce. This would ensure that the children are not worse off, if the ex-wife earns a low income, and would not on her own be able to give the children a reasonable living standard.

However, to ask for more to spite the men is a no-no. If the wife earns more than the man, then she should be contributing the bigger share towards bringing up the children.

Maintenance of the ex-wife is archaic. Today, women are able to .....
Posted by smickno on Tue, 14 Sep 2010 at 23:53 PM
If man is the bas@@@@, make him pay. But often its takes 2 to clap. The woman often idealise too much a perfect world and expect that the man cover all the rubbish and lived their life according to the woman's ideological makeup of the world. Like must be a gentleman at all time, love her family and ignore his, expect his buddy to be gentlemans, and give in to his wife, but what about his buddies wife? They expect, no money problems as it should be solved by the guy, expect life of luxury like holidays, cars condos, but also expects him to keep them company least the feel lonely, as money is not important. Highly contradictory isn't it, to make money you need to invest lots of time and effort, but yet your supposed to spend the time and effort on her, but subject to when she wants .....
Posted by macy54321 on Tue, 14 Sep 2010 at 23:25 PM
Well, the judge/court was always reluctant to order my ex's company to deduct from his salary directly, despite my fifth time application. When i was told by my lawyer that the judge would pass that order if it happened more than 3 times. It wasn't so for my case. He even told the judge to put him in jail if she likes, and do the salary deduction, yet.... so ironica.... maybe that was his pyschological tactic.

So, with all these new changes, provided the judge mete out the ruling, otherwise, these are still not helpful.

BTW, somehow, even my friends who are in similar situation, agreed that it is always the male judge who are more sympathetic, the lady judges always rule in the favour of their/my ex. Really make me wonder why...or were they just coincidence?
Posted by IndignantFemale on Tue, 14 Sep 2010 at 15:48 PM

asiaone
Copyright © 2012 Singapore Press Holdings Ltd. Co. Regn. No. 198402868E. All rights reserved.