QLD Ex Not Following Consent Orders to Pay Credit Card Debt?

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24 September 2014
My ex-husband and I finalised our property settlement a few months ago and part of the consent orders was that we were to both pay the credit card debt. The exact wording in the minutes of consent was:

"Both the husband and wife shall pay and cause to be discharged the joint Mastercard debt."

He would not pay his half in full as he did not have the money at the time but said he would pay it when his tax return came through. He was making half of the monthly repayments until then. Last week I received an email from him saying he will not be paying anything off the credit card now as he doesn't want to.

A large portion of the debt was accumulated by him after we separated. There was a $900 cash advance he made after I had him removed as a secondary card holder. I have emails and text messages from him admitting he took this money and that he is going to pay all of the credit card debt back.

I want to know what my options are now. Could I pursue this through small claims court? Can I follow this up with the consent orders or is it not clear enough? Is there anything I can do to make him pay his half?

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Kylienp,

Take a look at this page from the Family Law Courts website. In short, you can apply for an Enforcement Order and possibly seek enforcement directly against his bank or other assets.