Hi there. It is not clear what stage you are at in the enforcement proceedings. You mentioned an ‘income enquiry option’, which we assume refers to the step in enforcement proceedings whereby you (as the creditor) can ask the court to make enquiries about the employment status and assets of a debtor who has not paid their debt (i.e. your former partner). In the Magistrates’ Court of Victoria, this procedure is called a “summons for oral examination” and requires the debtor to attend court to give details about their financial situation. The court then uses this information to make appropriate orders to retrieve the money owed to the creditor.

From the information you provided, it appears that you have already obtained a court order specifying the amount of money owed to you by your former partner. You cannot easily have this order changed or the amount specified in the order changed. If you want to claim more than the amount in the order, you would need to appeal the decision of the Magistrates’ Court by commencing proceedings in the Supreme Court of Victoria. However, from the information you have provided, an appeal would not likely be possible because your case does not appear to involve an “error of law”, which is the only ground on which an appeal can be made.

In any event, you would only be entitled to claim interest on the debt owed and any court fees associated with enforcing the debt. If you want to claim additional money for your former partner’s “non-compliance”, you would need to prove that you have suffered some kind of loss or detriment as a result of his conduct. The law generally does not allow compensation to be awarded in civil proceedings simply as a way to penalise or punish a debtor.

Suggested way forward

You should contact the registry of the Magistrates’ Court of Victoria or whichever court you obtained the original judgment from. They can tell you about your options for amending the original claim, if any. If you want specific advice to your situation, you should consider speaking to a lawyer who can inform you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.