VIC Can Judge Order Early Release of Superannuation?

[sally.maye]

I am part way through a family law case - approaching final hearing. Ex's criminal behaviour and non-compliance with orders have caused adjournments, need to update and re-do my documents, extra hearings, extra time off work and loss of income, etc.

Solicitor has suggested applying for family court orders for my costs to be paid by him. He claims he has no assets. I know he does have superannuation (in addition to owning his home and car).

Can a judge order early release of his super to pay my legal costs?

Thanks for a help and information.

 

[AllForHer]

I'm not aware of this being a power of the Family Court. If in the unlikely circumstances a costs order is made, the Court won't ordinarily specify how the money is to be sourced, only that it be paid within a certain time frame.

There are statutory laws governing superannuation which would also be at play here, including statutory restriction on accessing superannuation until the age of retirement. As such, even in property settlements, where the Court can make orders about how funds are sourced, superannuation divisions are carried out by transferring from one super fund to the other. It's not able to order the release of super funds as cash assets.