Usually once a financial order is in place the parties will comply with its terms. However, if either party does not comply then enforcement action may be required.
The type of action which is taken will be dependent upon the type of order being enforced and the assets which the parties have.
Some of the techniques which could be used include:
- Attachment of earnings order – a deduction is taken directly from the defaulting party’s salary. This can be appropriate for spousal maintenance payments.
- Charging order – the Court can attach a charge against property, which means that when the property is sold your debt will be paid from the sale proceeds.
- Third party debt order – if the non-paying party has money in, for example, a bank account, the Court can order that the bank pay the money directly to you to repay the amount due.
If you think this section might apply to you then please get in touch as soon as possible; waiting too long can in some circumstances effectively waive your right to claim what’s due.