LAWYERS are urging caution over the government’s plan to freeze the bank accounts of alimony defaulters, saying it is not the best solution and is a blanket move without looking at the financial abilities of some ex-husbands. 

Lawyer Ng Geok Chee said the plan announced by Prime Minister Ismail Sabri Yaakob at the Umno General Assembly last month could help some ex-wives as non-payment of alimony is a problem faced by many. 

“It will help women, especially those who don’t have the financial means to challenge their ex-husbands in court. Many of them just give up.” 

But Ng told The Malaysian Insight that while the proposal might sound good on paper, it is not that straightforward. 

A court order will be required in order to freeze the account, and this would raise the question of proof that the ex-husband had failed to pay alimony to the ex-wife. 

“We also have to consider that some parties in a divorce may have malicious intent, for example, one spouse still wanting to ‘punish’ the other,” said Ng, who also chairs the Kuala Lumpur and Selangor Chinese Assembly Hall Women’s Section. 

She noted that often, ex-husbands who do not pay alimony are in the working class. 

Ng urged Putrajaya to look at how Singapore imposes restrictions on ex-husbands who fail to pay alimony. 

A tribunal takes on the role of reviewing evidence submitted by the ex-wife on non-payment of alimony, and if it rules in her favour, the ex-husband’s driver’s licence is not renewed. 

“The wife can submit the evidence though a tribunal without the need for a lawyer. 

“Most importantly, this whole process requires very little financial commitment. 

“Another alternative is getting the immigration department to freeze the account of alimony defaulters. This is more effective because they won’t be able to travel anywhere,” suggested Ng. 

“Many who refuse to pay alimony are working class people. If the government really wants to help women fight for their rights, this is the simplest and cheapest way to do it,” she added.

Another lawyer, Low Kin Fai, said an individual’s financial and personal situation must also be considered. 

“What if the ex-husband goes bankrupt, is unemployed or has another family to care for?

“Under these circumstances, freezing the account might not be a good idea. 

“When implementing this, the government must take into account why the ex-husband has not been paying the alimony. Some don’t do it on purpose. For some, the reality is that financially they may not be able to.” 

“We should look at it rationally. If someone only earns RM5,000 but is expected to pay RM4,000 in alimony, it’s impossible,” said Low. 

Lawyer Matt Wong Chong Ee said the proposal to freeze ex-husbands’ accounts may help a certain group of women, but it is not the best solution. 

“There are still ways for those who refuse to pay alimony to dodge this measure. They could move their money elsewhere, then what can you do about it?

“In the end we are back to square one. There are still loopholes even if you freeze the bank account.”

Wong said he hopes financial institutions, lawmakers and women’s groups can propose a better solution to the government.

He suggested a ban on applying for credit cards, or from purchasing properties, or from making investments.

To fully determine whether the ex-husband is unable or unwilling to pay the alimony, Wong said the matter needs to be determined by the courts.

“If the court decides to enforce the alimony order, then the ex-husband has to pay up. But if it is due to inability to pay, then it has to go back to court.” 

Ismail, speaking as Umno vice-president when winding up debates at the party’s general assembly last month, said the cabinet had decided on the move to help women whose ex-husbands had violated court orders to pay alimony.

Women, Family and Community Development Minister Rina Harun said her ministry would work on implementing the plan this year, adding that ex-wives in such situations can lodge complaints via the ministry’s Talian Kasih line. – April 2, 2022.