GUIDE • CHILDREN ARRANGEMENT SOLICITORS
Enforcing an order
A court order is only valuable if it is followed. Most people comply with financial and children orders, but where a former partner fails to pay what they owe, refuses to transfer property, or does not follow agreed arrangements, the court has a range of powers to enforce the order. This guide, the first in our series on enforcing, changing and challenging orders, explains the options available and how to use them effectively.
Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026
KEY POINTS
- Financial orders made on divorce, including consent orders, are legally binding and can be enforced through the court.
- You can ask for a specific method of enforcement, or ask the court to choose the most suitable one.
- Enforcement methods include deductions from earnings, freezing bank accounts and placing a charge on property.
- Permission is needed to enforce maintenance arrears that are more than 12 months old, so it is important to act promptly.
- Child maintenance arranged through the Child Maintenance Service is enforced separately by the CMS.
What should I do first if my ex isn't complying?
Before applying to court, it is usually sensible to write to your former partner, or ask your solicitor to do so, setting out what has not been done and asking them to comply within a set time. This is sometimes enough to resolve the issue, and it will help show the court that you acted reasonably. Keep a careful record of missed payments and any correspondence. If you do not know enough about your former partner's current finances to choose an enforcement method, the court can order them to attend and provide information about their income and assets.
How can a financial order be enforced?
You can apply for a particular method of enforcement or, using form D50K, make a general application asking the court to decide which method is most appropriate after looking at the other party's finances. The main methods are:
- Attachment of earnings order: payments are deducted directly from the debtor's salary by their employer.
- Third party debt order: money held in the debtor's bank account is frozen and paid to you.
- Charging order: a charge is registered against the debtor's property, which may later be followed by an order for sale.
- Warrant of control: enforcement agents can take and sell the debtor's goods.
The right method depends on the type of debt and what assets the other party holds.
What if my ex refuses to sign over property or a pension?
Where an order requires a former partner to transfer property, sign documents or co-operate with a sale, and they refuse, the court can authorise someone else, often a court officer, to sign the documents on their behalf. The court can also order the sale of a property and decide how the proceeds are to be divided. Pension sharing orders are implemented by the pension provider once they receive the required documents, so it is important to send these promptly after the final order.
If your former partner is not complying with a court order, please speak to one of our family solicitors.
How do I apply and what happens next?
You can apply through your online CMS account or by telephone, setting out the grounds and providing supporting evidence, such as travel receipts, loan statements or details of the other parent's investments or business. The CMS will usually contact the other parent for their response. Even where a ground is established, the CMS will only agree to a variation if it considers it just and equitable to do so, taking into account the welfare of the child. Variations are not available in some cases, for example where the paying parent receives certain benefits.
What if my income changes instead?
A change in income is not a ground for a variation. The CMS reviews each calculation annually using income figures from HMRC. Between reviews, either parent can report a change in the paying parent's income, but the CMS will only recalculate if the income has changed by at least 25%. Other changes, such as a change in the number of nights the child stays with each parent or the paying parent having another child, should also be reported.
What if I disagree with the decision?
If you disagree with a CMS decision, including a decision on a variation, you must first ask the CMS to look at it again. This is called a mandatory reconsideration. If you still disagree after receiving the outcome, you can appeal to the First-tier Tribunal (Social Security and Child Support), which is independent of the CMS. Strict time limits apply, so it is important to act promptly.
Common questions
A father with parental responsibility has the same say as the mother in major decisions about the child. There’s no automatic right to equal time, but the court starts from the position that a child benefits from both parents being involved, unless that would put the child at risk.
Cafcass is the Children and Family Court Advisory and Support Service, which represents children’s interests in family court cases in England. It carries out safeguarding checks and, where needed, prepares reports on the children’s welfare and wishes. In Wales, the same role is carried out by Cafcass Cymru.
IN THIS GUIDE
When can the paying parent ask for a reduction?
When can the receiving parent ask for an increase?
How do I apply and what happens next?
What if my income changes instead?
PART OF OUR SERVICE
Children arrangements Solicitors
Helping you reach arrangements for your children that put their needs first.
RELATED SERVICES
Enforcing, changing and challenging child arrangement orders
RELATED GUIDES
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
