Hi there. We have assumed that the court ordered payment is in relation to a family law matter, such as a separation or property settlement.

When couples separate and divide their shared property in court, the court may make a financial order requiring one of the parties to pay money to another person by a certain date. A financial order is legally binding and each person bound by the order must follow it. If your former partner is subject to a financial order but has not followed it, you can attend dispute resolution with her to try to resolve the issue. Family Relationships Online (www.familyrelationships.gov.au) provides information about dispute resolution services throughout Australia.

If dispute resolution is not successful, you can apply to the Family Court or Federal Circuit Court for an enforcement order. There are two types of enforcement orders available: an enforcement warrant and a Third Party Debt Notice.

An enforcement warrant enables the Sheriff to seize and sell property of your former partner to satisfy her outstanding payment obligations. To apply for an enforcement warrant, you need to file the appropriate form and an affidavit. An affidavit is a special a legal document containing the facts in support of your application. You should have a lawyer prepare your affidavit to ensure it contains everything it needs to.

Your other option is to apply for a Third Party Debt Notice. This notice requires a person or organisation (such as an employer) who owes money to your former partner to pay that money to you rather than your former partner (e.g. her wages). To apply for a Third Party Debt Notice, you need to file the appropriate form and an affidavit.

You may also be able to apply to the court for an order that your former partner attend an enforcement hearing. At this hearing, the court investigates the financial status of your former partner and her reasons for not complying with the original court order. The court may decide to place restrictions on your former partner’s finances, or otherwise require her to pay the original amount under the court order.

Lastly, you mentioned the possibility of your former partner being fined or imprisoned. These are very unlikely consequences for her failing to comply with a financial order made by a court. In these situations, the law is designed to help you get the money you are entitled to, rather than to punish the person who has failed to pay.

Suggested way forward

Enforcement proceedings are complicated. Speaking to a lawyer will help you understand your legal rights and the best course of action for recovering the money owed to you. 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.