Is there anything I can do, to make sure my ex-partner complies with a financial order made by a Court?
Where one party has failed to comply with the terms of a financial remedy order, it is up to the wronged party to commence enforcement proceedings by making an application to the Court. The applicant can apply to enforce the order by asking for a specific method of enforcement or by making a general application for enforcement asking the Court to decide which type of method is appropriate. Prior to the application, it is sensible to contact the breaching party and remind them of their obligation to comply with the order of the Court to resolve the matter. If the Court finds that there has been a breach, then, in most cases, the Court will enforce the order. The Court might direct that the person who has breached the order to comply by a certain date but if that party continues to breach the order, a Court has the power to impose a fine or even imprison the breaching party.
Ways of enforcement for the payment of money
Attachment of earnings order. If the debtor is employed, the Court can order that sums be deducted from the debtor’s wages by the employer before they are paid to the employee, to be paid directly to the creditor.
Third-party debt order. If the debtor is owed money from a third-party, an order can be sought that the third-party will pay this directly to the judgment creditor.
Charging order. The sums owed can be secured by imposing a charge against the debtor’s interests in land or other assets.
Warrant of control. The Court can order to have the debtor’s goods and chattels seized and sold to make the payment to the judgment creditor.
What about with respect to the non-payment of maintenance
The Court can enforce maintenance arrears dating up to 12 months. It is therefore advisable to apply promptly for enforcement in such matters. However, if this time limit has passed, it is possible to make a separate application to the Court for permission to enforce payments that are more than 12 months late. If it is anticipated that issues with payments will persist, the creditor can seek for the maintenance payment to be capitalised i.e. asking that it is instead paid as a one-off lump sum.
Costs of enforcing a financial remedy order
Awarding costs in such matters is at the Court’s discretion. If the Court finds that there has been a breach, then the person who is in breach can face an order for costs.
Enforcement of a financial remedy order for types of conduct other than money ones
Where the non-compliance relates to lack of co-operation with the transfer or sale of a property, the Court can be asked to enforce the terms of the order in the following ways:
If the sale has been ordered to be conducted jointly by the two parties, the Court can order instead that the sale be conducted solely by one party. The Court can also order the occupier of the home to vacate the property to enable the sale.
The Court can even order a nominated person, such as the judge, to sign the deeds of sale and transfer the property on behalf of a party.
What is not likely to be enforced
There are occasions where the Court may decide that an order will not be enforced. Where the party who is in breach is unable to meet their obligation(s) according to the order, the Court is unlikely to enforce the order. An example would be where maintenance payments have been missed because of the loss of employment. The Court may allow time for the party to regain employment and may order for the missed payments or arrears to be paid over a reasonable period. This would be a variation which must be recorded in the order.