Data on Maintenance Order Amounts and Reasons for Breakdown in Relations Recorded by Commissioner for Maintenance
Ministry of Social and Family DevelopmentSpeakers
Summary
This question concerns Ms Nadia Ahmad Samdin's inquiry into factors causing familial breakdowns among parents seeking maintenance, and the average amount and duration of payouts issued since 2021. Minister Masagos Zulkifli B M M explained that maintenance is awarded based on need and equity, though applications may be dismissed in cases of past abuse, neglect, or abandonment. He noted that while mandatory conciliation is required, specific reasons for breakdowns are not mandatory to disclose as they often involve complex, interwoven factors. In 2021, 19 of 29 applications were granted with an average monthly payout of $400, determined by the child’s means and the case's circumstances. These orders typically remain in effect until the death of the parent or child unless they are rescinded by the Tribunal.
Transcript
71 Ms Nadia Ahmad Samdin asked the Minister for Social and Family Development (a) what are the top three most common factors that exacerbate a breakdown in relations which see parents seeking help for conciliation at the office of the Commissioner for Maintenance; (b) whether these factors differ for parents applying for maintenance orders and, if so, what is the difference; and (c) under the terms of the maintenance orders that are issued, what is the (i) average amount of payout for orders issued since 2021 and (ii) current average duration for the payouts.
Mr Masagos Zulkifli B M M: Under the Maintenance of Parents Act, maintenance can be awarded to a parent when the parent is unable to maintain himself, the child is able to afford it and where it is just and equitable for the child to maintain the parent. The Tribunal may also dismiss the application or reduce the quantum if it is satisfied that the parent had abused, neglected or abandoned the child.
Parents are required to attend conciliation at the Office of the Commissioner for the Maintenance of Parents (CMP) before they can file for a maintenance order against their children. In their applications, applicants are not required to share the reasons for their breakdown in relationships with the children. From CMP's experience, poor familial relations are often caused by a myriad of interwoven factors.
In 2021, the Tribunal received 29 applications, of which 19 were granted a maintenance order. It is not very meaningful to evaluate the maintenance orders by the quantum awarded, as the amount depends on what is requested, the adult child’s means to pay and also the particular circumstances of the case. Nevertheless, the average amount of maintenance was about $400 per month. Unless rescinded by the Tribunal, a maintenance order typically expires upon the death of the parent or the child.