Enforcing financial remedy orders — attachment of earnings, third party debt, charging orders and committal

REVIEWED BY: Sean McNamara on 2026-08-30

Winning a financial order is not the same as getting paid. If your former spouse or partner ignores a financial remedy order — maintenance, a lump sum, a property transfer — the family court has several enforcement tools. This guide sets out the main routes and when each fits. It is general information, not legal advice.

First steps before enforcing

1. Re-read the order — check exactly what was ordered, when payment was due, and whether there's a time for compliance still running 2. Ask in writing — a polite but dated letter demanding payment often resolves it and creates a paper trail 3. Keep records — the order, missed payments, correspondence, any partial payments 4. Consider costs — enforcement costs money and time; match the method to the size of the debt and the debtor's actual circumstances

The main enforcement routes

1. Attachment of earnings order

Deducts payments directly from the paying party's wages or salary
Best for regular maintenance arrears where the payer is employed with stable income
Apply to the court on form D501 (or AEO application); the court directs the employer
The employer must comply; failure to deduct can make the employer liable

2. Third party debt order

Targets money owed to the debtor by someone else — typically money in a bank account
An interim order freezes the account; at a final hearing the court can order the bank to pay you directly from those funds
Best for a lump sum where you know the debtor holds funds
Note: the debtor must be given warning of the final hearing; funds can legitimately move
Introduced by the Family Procedure Rules 2010 (replacing the old garnishee order)

3. Charging order

Secures the debt against the debtor's property or other assets (land, shares)
The charge sits on the property; you can then apply for an order for sale to force a sale and payment from proceeds
Best for larger unpaid sums; slower but powerful
The debtor's home can be charged — courts weigh Article 8 (home) rights, so show why this route is proportionate

4. Warrant of control (enforcement agents)

Enforcement agents (bailiffs) can seize and sell goods to raise the debt
Used where the debtor has assets but won't pay; less common in family proceedings than in civil debt

5. Judgment summons / committal

For periodical payments (maintenance) and lump sums, a judgment summons brings the payer to court to explain non-payment; the court can commit to prison for wilful refusal or culpable neglect
Committal proceedings (contempt) for breach of any financial order require the court's permission if arrears are more than 12 months old — act early
Imprisonment is a last resort but a real one; so is a costs order against the payer

Choosing the right route

| Situation | Best fit | |---|---| | Payer is employed, regular arrears | Attachment of earnings | | Lump sum, known bank funds | Third party debt order | | Large debt, debtor owns property | Charging order (then order for sale) | | Debtor has saleable goods | Warrant of control | | Persistent wilful non-payment | Judgment summons / committal (with permission if over 12 months) |

Time limits and interest

Arrears of maintenance can generally be enforced for up to 6 years of missed payments (longer in some cases); enforcement of arrears over 12 months old needs the court's permission
Interest can be claimed on judgment debts — raise it in your application
Lump sums and property orders: act promptly — delay invites arguments that enforcement is now unjust

If the payer lives or has assets abroad

Enforcement across borders is a specialist area (reciprocal enforcement arrangements, EU routes for some countries, Hague conventions). Get advice early — the route depends on the country involved.

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS or gov.uk. This page is general information and is not legal advice. Enforcement is technical — consider a fixed-fee consultation with a solicitor before choosing a route.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.