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What to do when ex-hubbies... WON'T PAY

metalslug

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http://tnp.sg/news/story/0,4136,213930,00.html?

Parliament
MPs press for stricter measures to enforce maintenance payments

What to do when ex-hubbies... WON'T PAY
By Lediati Tan

September 17, 2009




HER ex-husband was ordered by the court to pay her more than $1,000 a month for maintenance almost two years ago.

But he has skipped the payments so many times that Madam Goh (not her real name) said she has applied to the courts five times to get him to pay up.

Today, Madam Goh, who is in her 30s, is still fighting to get her ex-husband to keep his end of the bargain.


The couple, with two children in primary school, separated in 2007. An interim maintenance order was issued to the husband late that year.

The divorce has yet to be finalised.

Women like Madam Goh were on the minds of MPs Cynthia Phua and Halimah Yacob when they raised questions in Parliament yesterday about ex-spouses seeking the courts' help for maintenance payments.

Responding, Minister for Community Development, Youth and Sports Vivian Balakrishnan said there were 2,860 applications for maintenance payments made by ex-spouses last year.

Fewer cases

The number is down from 3,021 in the previous year and 3,618 in 2006.

About 86 per cent of these cases were applications to enforce maintenance payments, Dr Balakrishnan added.

He noted that such applicants would need to visit the court at least three times.

'But the number of visits could increase for more complex situations,' he added.

Indeed, Madam Goh figured she has made about 25 trips to the court in the last two years just to get her ex-husband to pay up.

She stressed that the money is for her children. She earns about $2,000 a month working in the service sector, and said her ex-husband is well-paid, with a management-level job.

She is frustrated at having to go through tedious legal procedures, which could take months, every time her ex-husband defaults on payment.

Sometimes, when her husband fails to pay and she has trouble making ends meet, she would resort to borrowing from her family.

Madam Phua and Madam Halimah want the Government to do more to help women like Madam Goh.

Madam Halimah, who has seen a few such cases, told The New Paper that she doubts the drop in the number of maintenance order applications is a sign that things have improved.

'Maybe some women just gave up after successive efforts to get maintenance payment were unsuccessful,' she said, adding that some ex-husbands go to great lengths to avoid payment.

New agency

The Singapore Council of Women's Organisations (SCWO) has called for a state-monitored agency to collect the payment on the women's behalf.

Said Ms Laura Hwang, chairman of SCWO's taskforce on enforcement of maintenance orders: 'A maintenance-services authority would relieve the claimant of a heavy load, as well as relieve the load on the courts' valuable time for what is essentially a debt-collection exercise.'

Madam Halimah agreed. 'At the end of the day, (ex-husbands) should have a sense of responsibility, at least to the children,' she said.

But family lawyer Wong Kai Yun wondered if such an agency would be duplicating existing court processes.

Another family lawyer, Mr Patrick Tan, suggested setting up a counselling bureau where parties can resolve the payment issues instead of going to court at the first instance.

Dr Balakrishnan told Parliament that the Government is looking at various ways to enhance the enforcement of maintenance payments - such as stiffer penalties and simplifying the process of seeking enforcement.

'Suggestions such as giving free access to marital records and making public the maintenance payments of divorcees to their former spouses and children are also being considered,' he said.
 

metalslug

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http://tnp.sg/news/story/0,4136,213928,00.html?

Parliament
CAN'T PAY
Claiming he's broke, he face jail for not making payments
By Bryna Sim

September 17, 2009

NP_IMAGES_BSDIVORCE-S0X.jpg

CANNOT AFFORD: Mr Tsai's ex-wife filed a complaint against him for defaulting on maintenance payments. TNP PICTURE: JONATHAN CHOO

HE'S not irresponsible. He's just broke.

The divorce, who wants to be known only as Mr Tsai, has not met his maintenance payments to his ex-wife and two children for the last five months.

If he does not pay $300 - the amount decided by the family court - by 28 Sep, the 51-year-old part-time security guard faces a one-week jail term.

Under the Women's Charter, a person who fails to make maintenance payments can be jailed up to a month for each month of unpaid maintenance.

But Mr Tsai claims he cannot afford the payments. He earns $500 a month, lives in a one-room rental flat and has to support another son from a previous marriage.

His wife, on the other hand, earns $2,500 a month as a sales executive.

Mr Tsai married his second wife in 1998 after his first wife died six years earlier.

The couple, who have a 16-year-old daughter and a 5-year-old son, divorced in 2005.

In January, his ex-wife filed a complaint against him for defaulting on maintenance payments.

He said he stopped paying after she did not allow him to see their children and applied for a personal protection order against him.

He said he used to work as a full-time security guard and earned about $800 a month. But he lost his job after suffering a heart attack in January and could only get a lesser-paying job.

Most of his monthly pay goes to daily expenses, Mr Tsai said. He also gives about $150 in allowance to his 22-year-old son, an undergraduate at the Nanyang Technological University.

Father and son live in a one-room flat in Tiong Bahru.

Mr Tsai told The New Paper at his flat yesterday: 'Sometimes, if he needs more money to buy textbooks, I would borrow money from my mother and elder sister.'

Mr Tsai's flat is sparsely furnished. He has no TV. Father and son share a mattress and pillow. Meals - just two a day - consist mostly of canned food and instant noodles.

CPF account

Mr Tsai showed us his most recent CPF statement, which stated that he had less than $2,500 in his Ordinary Account and $188 in his Medisave account.

'So how do you think I can afford to pay another $150 every month in maintenance?' he said.

He added that he could not even afford to go for follow-up screenings after his heart attack.

Mr Tsai insists he is not being irresponsible.

'I care for my other children. If I can support them, I would. But I can't even provide for myself and my son,' he said.

He said he would just go to jail if he can't come up with the $300 in two weeks.

'At least I won't have to worry about finding a way to pay the $300,' he said.

But family lawyer Koh Tien Hua from Harry Elias Partnership advised against such behaviour.

'Going to jail is a form of escapism and it does not cancel out the amount he has to pay,' he said. 'The amount will simply snowball.'

Mr Koh suggested that ex-husbands like Mr Tsai should undergo retraining so they can try to get an extra job.

Lawyer Kelvin Lee from Samuel Seow Law Corporation noted that the main problem in such cases is that 'in Singapore, only men are required to maintain their wives and children'.

In the US, he added, men can also claim maintenance from their ex-wives if the latter have higher earning power.

'The US looks at support for spouses, whereas we look at support for wives and children,' Mr Lee said.

Both lawyers said the best recourse for Mr Tsai would be to apply to the courts for his maintenance payment to be cut.

Mr Koh said: 'If he just says he has no money, the court will not accept it as a valid reason.'
 

chinkangkor

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But Mr Tsai claims he cannot afford the payments. He earns $500 a month, lives in a one-room rental flat and has to support another son from a previous marriage.

His wife, on the other hand, earns $2,500 a month as a sales executive.

The ex-wife is earning so much more and yet is still allowed under existing law to claim maintenance from her ex-husband. The law on marital issues is plain unjust and it seems that our Law Minister and judges who are the brightest and the best are not able to understand the phrase 'equality of the sexes'.

One can only concludes: Singapore Court exists not to uphold justice; Singapore Court exists to enforce injustice.
 

Perspective

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The ironic thing is that the laws do not see the different merits of different cases.

While that happens, different sentences continue to be meted out for the same offences elsewhere.
 

Ripley

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Why does this always happen when the woman is a sinkie? No wonder our men are getting foreign brides. :rolleyes:
 

Soul_Reaper

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the ex-wife is earning so much more and yet is still allowed under existing law to claim maintenance from her ex-husband. The law on marital issues is plain unjust and it seems that our law minister and judges who are the brightest and the best are not able to understand the phrase 'equality of the sexes'.

One can only concludes: Singapore court exists not to uphold justice; singapore court exists to enforce injustice.

f*ck the womens charter !!!
 

wuqi256

Moderator - JB Section
Loyal
"Mr Tsai insists he is not being irresponsible.

'I care for my other children. If I can support them, I would. But I can't even provide for myself and my son,' he said.

He said he would just go to jail if he can't come up with the $300 in two weeks.

'At least I won't have to worry about finding a way to pay the $300,' he said.

But family lawyer Koh Tien Hua from Harry Elias Partnership advised against such behaviour.

'Going to jail is a form of escapism and it does not cancel out the amount he has to pay,' he said. 'The amount will simply snowball.'

Mr Koh suggested that ex-husbands like Mr Tsai should undergo retraining so they can try to get an extra job.

Lawyer Kelvin Lee from Samuel Seow Law Corporation noted that the main problem in such cases is that 'in Singapore, only men are required to maintain their wives and children'.

In the US, he added, men can also claim maintenance from their ex-wives if the latter have higher earning power.

'The US looks at support for spouses, whereas we look at support for wives and children,' Mr Lee said.

Both lawyers said the best recourse for Mr Tsai would be to apply to the courts for his maintenance payment to be cut.

Mr Koh said: 'If he just says he has no money, the court will not accept it as a valid reason.'[/QUOTE]

I feel so sad for this gentleman, i will see if i can do something to help him. Not much but at least hopefully solve his current problem. This looks to be genuine especially if you look at his CPF, etc and he lives in 1 room flat with a school going son.

His wife is so vicious, its both sad and frightening. If a man has a heart problem and already standing at the tip of a cliff and you still force him, then really something should be done. This lousy law needs to be amended asap.
 

SIFU

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Mr Tsai married his second wife in 1998 after his first wife died six years earlier.

The couple, who have a 16-year-old daughter and a 5-year-old son, divorced in 2005.


Married in 1998 which is 11 years ago.. but how come got 16 year old daughter?? the daughter is not his biological one:confused: ask ex-wife claim from daughter's real father lah..:mad:
 

Watchman

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One can only concludes: Singapore Court exists not to uphold justice; Singapore Court exists to enforce injustice.

Not call Kangaroo Court for nothing . It enforce for monetary fines !
 
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