We often receive enquiries from client’s requesting an answer to a specific question being: ‘what are my rights if my spouse refuses to comply with court orders?’
The court has the power to enforce an order made whether that’s relating to financial matters or children matters by way of committal proceedings for contempt of court.
What are committal proceedings?
In order to apply for committal proceedings, there are 2 conditions which must be satisfied:
- An order must have been breached; and
- That order must have had a penal notice attached.
A penal notice is essentially a warning attached to a court order setting out that if the other party fails to comply with the court order, they will be held in contempt of court.
Contempt of court is where one party disobeys or ignores a court order.
So, to simplify committal proceedings, an application must be made to court accompanied by a statement in support setting out what the breach(es) is and provide a copy of the final order breached and highlighting the penal notice.
Once the court has issued the application, this must be served on the other party immediately as they will require 14 days’ notice prior to the hearing. The party making the application has the onus to prove beyond reasonable doubt that the other party has not complied with the terms of the order despite them being able to do so.
If the party is successful in their application, the other party could be fined, imprisoned, or other penalties can be given to ensure compliance.
Child maintenance payments
We often receive queries about one party failing to pay child support and what they can do about this.
Should the parent required to pay child maintenance refuse to do so, the other parent can make an application through the child maintenance service (CMS). They have the jurisdiction to deal with such claims as opposed to the court, save in exceptional circumstances.
The CMS having considered the parents respective financial positions and the time the child(ren) spend with each parent overnight, will make a decision as to how much child maintenance is payable from one parent to the other.
Should the paying parent refuse to pay any maintenance, the CMS have various enforcement powers available to them. They can deduct payment from earnings, deduct payments from bank accounts and/or obtain a lump sum deductions order. These powers are non-exhaustive and the CMS have various other powers available to them to ensure child maintenance is paid.
If you are concerned about a former spouse or partner breaching a court order or refusing to pay child maintenance, our specialist team of family solicitors can help. Contact us on 0113 322 9222 or at enquiries@consilialegal.co.uk.