I'm not willing or able to pay what the court has ordered, what can I do?

If you are ordered to make payments by the court, deliberate failure so to do will be considered contempt. Disobeying orders is taken very seriously by the courts and can result in fines and even imprisonment. If you are genuinely unable to make the payments required by the award, you will need legal advice to address this before arrears mount up.

If the order to which you are subject has been made very recently, it may be possible to appeal. If the judge has made a mistake about the law or facts in your case, then it may be possible to apply to the court to reassess what you are required to pay.

If more time has passed, and you or your spouse’s circumstances have changed, then you may wish to seek a variation of the original order. This would mean returning to court to seek a reduction in what you pay. This would likely depend on your income capacity and your former spouse’s ability to meet their own financial needs. In certain circumstances it may be possible to restructure payments to make them more affordable.

If you are considering appealing an order or applying for a variation, it is important that you keep making payments as much as you can. Failing to keep up with payments ordered by the court can undermine your case and you may be made to pay arrears with interest.

If you are unable to pay your court-ordered payments, click below for a free initial consultation with one of our expert divorce solicitors.

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