When the court issues an order in a family law case, whether it relates to child support, spousal maintenance, visitation, or custody, both parties are legally bound to follow it. Unfortunately, voluntary compliance doesn’t always happen. When one party refuses to uphold their court-ordered obligations, Washington law offers specific legal remedies to enforce those orders and hold the noncompliant party accountable.
In Olympia and throughout Thurston County, two of the most effective tools for ensuring compliance are contempt motions and motions to enforce court orders. These legal actions empower individuals to pursue unpaid support, enforce parenting plans, or compel an uncooperative party to meet their legal responsibilities. Whether you're trying to recover back child support or enforce custody terms, understanding your legal options is key to protecting your rights, and your family’s well-being.
The legal landscape can be complex, and courtroom procedures can vary. Consulting with an experienced Olympia family law attorney is the best way to navigate your specific situation. However, the following overview provides a clear, statute-based foundation to help you take informed action.
Important Washington Statutes Governing Contempt and Enforcement
Washington law outlines robust mechanisms for enforcing family court orders. The core statutory framework appears in RCW 26.18.010 through RCW 26.18.050, which focuses on child support and related financial obligations. Additional statutes like RCW 26.09.160 (family law contempt), RCW 7.21 (civil contempt), and RCW 7.105.450 (protection order enforcement) expand the court’s authority. Here are five essential enforcement tools and what they mean for families in Olympia.
“Immediate income withholding may be ordered if the person required to pay support has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry.”
— RCW 26.23.050
What it means:
In Olympia, all child support orders include an automatic wage withholding provision. This means support payments can be taken directly from the paying parent's paycheck and sent to the Washington State Support Registry, with no need to go back to court to request enforcement. This helps prevent missed payments and delays.
“If a party fails to comply with a provision of a decree or temporary order of injunction… shall be deemed bad faith and shall be punished by the court by holding the party in contempt of court.”
— RCW 26.09.160(1)
What it means:
If someone willfully violates a family court order, such as skipping scheduled visitations or refusing to pay spousal maintenance, they can be held in contempt. Contempt is a serious legal consequence that can result in fines, court-mandated compliance, and even jail time in more egregious cases.
“A law enforcement officer shall arrest without a warrant and take into custody a person whom the law enforcement officer has probable cause to believe has violated a domestic violence protection order.”
— RCW 7.105.450
What it means:
If a protection order is violated in Olympia, law enforcement is required to arrest the violator if there is probable cause. These violations are criminal matters, not just civil, and may lead to prosecution, jail time, and enhanced protective measures for the person at risk.
“A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is… more than fifteen days past due in child support or maintenance payments…”
— RCW 26.18.070
What it means:
If a person falls behind on support by more than 15 days, the receiving party can file for a wage assignment. Additionally, the court may approve other enforcement actions such as garnishing bank accounts, placing liens on property, or reporting delinquencies to credit agencies. These tools are designed to collect what's owed, without repeated court intervention.
“If an obligor fails to comply with a support or maintenance order, a petition or motion may be filed without notice under RCW 26.18.040 to initiate a contempt action as provided in chapter 7.21 RCW.”
— RCW 26.18.050(1)
What it means:
This statute reinforces the court’s obligation to act. If someone violates a court order and cannot prove a valid excuse, such as a serious medical condition or involuntary job loss, the court must proceed with enforcement. That may include contempt, garnishment, or judgment collection.
All Family Law Matters in Olympia Are Handled by Thurston County Superior Court
If you're dealing with a court order violation in Olympia, whether related to parenting time, child support, spousal maintenance, or protection orders, your case will be handled by the Thurston County Superior Court. These matters can have serious legal and financial consequences, which is why experienced legal guidance matters.
1. Can the family court take child support directly from my paycheck?
Yes. In Olympia and throughout Washington State, all child support orders include a wage withholding provision. This allows payments to be automatically deducted from the paying parent’s paycheck and sent to the Washington State Support Registry without requiring a separate court order or hearing. It’s designed to make support consistent and reduce the risk of nonpayment.
Helpful resource from the Washington State Department of Social and Health Services – Wage Withholding
2. What happens if someone violates a family court order?
When someone willfully ignores a family law order, such as refusing to pay support, denying visitation, or disobeying a parenting plan, the court can find them in contempt. This is a formal legal finding that may result in fines, court-supervised compliance, or even jail time in serious or repeat cases. The court must be shown that the person had the ability to comply but chose not to.
Helpful resource from Washington LawHelp – Contempt in Family Law Cases
3. Are there criminal consequences for violating a protection order?
Yes. In Olympia, violating a protection order, such as a domestic violence or anti-harassment order, can result in immediate arrest and criminal prosecution. Law enforcement is required to act if they have probable cause to believe a protection order has been violated. These cases can lead to jail time, probation, and expanded protective measures.
Helpful resource from the Washington Courts – Protection Order Resources
4. What enforcement tools does the court have for unpaid support?
The Thurston County Superior Court has a wide range of enforcement options to address unpaid support and other family law violations. These include wage garnishment, seizure of bank accounts, property liens, and even suspension of driver's or professional licenses. These actions can be taken without starting a new lawsuit and are designed to compel compliance efficiently.
Helpful resource from the DSHS Division of Child Support – Enforcement Tools
5. Will the court always enforce a child support order if it’s violated?
In most cases, yes. Washington law requires courts to act when a parent fails to meet their child support obligation, unless that parent can prove a valid reason, such as serious illness or involuntary job loss. If no legitimate excuse is provided, the court is obligated to enforce the order through tools such as garnishment, contempt, or judgment entry.
Helpful resource from Washington LawHelp – Enforcing Court Orders
Talk to an Olympia Family Law Attorney About Enforcing Your Court Orders
When someone violates a court order in a family law case, whether it involves child support, custody, or spousal maintenance, it affects more than just legal obligations. It can disrupt your family’s stability and financial well-being. Fortunately, Washington law provides clear remedies, and the Thurston County Superior Court has the power to enforce them.
At the Law Offices of Jason S. Newcombe, we help individuals and families in Olympia and across Thurston County hold others accountable for ignoring court orders. Whether you’re seeking enforcement or defending against a contempt motion, our team brings more than 50 years of combined legal experience to your case. We offer clear strategies, strong advocacy, and a commitment to protecting your rights.
Contact us today to schedule your cost-free consultation and take the next step toward compliance, resolution, and peace of mind.