Enforcing Court Orders and Contempt Motions in Washington State
When a court issues a legally binding order—whether it’s related to child support, custody, visitation, or financial obligations—both parties are expected to follow it. But what happens when one party refuses to comply?
In Washington State, there are legal tools available to help enforce these orders, including contempt motions and enforcement actions. These are powerful remedies designed to ensure accountability and protect the rights of those relying on court-ordered obligations. Whether you are trying to enforce a parenting plan, collect unpaid child support, or compel compliance with any family law order, understanding how these legal tools work is essential.
These topics cover a lot of legal ground, so it’s important to discuss the finer details with a qualified family law attorney. However, the information on this page is designed to help you understand the most important aspects of these important laws.
Key Washington Statutes Governing Contempt and Enforcement
Washington law provides a detailed legal framework for contempt and enforcement actions, particularly in family law matters. The most critical statutes include RCW 26.18.010 through RCW 26.18.050, which focus on the enforcement of child support and other obligations. Other relevant statutes include RCW 26.09.160 (contempt in family law) and RCW 7.21 (civil contempt generally). Below are five of the most important legal principles, explained in everyday terms.
“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 this means:
Every child support order in Washington automatically includes a provision for wage garnishment. This means the support amount can be taken directly from the paying parent’s paycheck without having to go back to court. It’s designed to streamline the process and prevent nonpayment before it happens.
“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 this means:
If someone deliberately ignores a family law court order—such as refusing to pay child support or not following a custody schedule—the court can find them in contempt. This is a formal legal finding that can result in fines, mandatory compliance plans, or even jail time in extreme 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 this means:
If someone violates a domestic violence protection order, there are serious legal consequences. These violations can lead to criminal charges, not just civil contempt, and may result in arrest, jail time, or further court restrictions to ensure safety.
“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 obliger is… More than fifteen days past due in child support or maintenance payments…”
— RCW 26.18.070
What this means:
The court has several tools to enforce support obligations. These include wage garnishment, bank account seizures, property liens, and even reporting to credit agencies. These measures are designed to compel payment without requiring a person to return to court repeatedly.
“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 this means:
This is one of the strongest enforcement laws in Washington. If a parent doesn’t follow a child support order, the court is required to enforce it, unless that parent can prove there was a valid reason, such as serious illness or job loss. Otherwise, enforcement is automatic and mandatory.
1. Can the court take child support directly from my paycheck?
Yes. In Washington, every child support order automatically includes a wage withholding provision. That means the amount owed can be deducted directly from the paying parent’s paycheck without any additional court hearing. This process helps ensure timely payments and minimizes disputes over nonpayment.
Helpful Link: Washington State Department of Social and Health Services – Wage Withholding
2. What happens if someone ignores a family law court order?
If a person willfully disobeys a court order, such as failing to pay support or not following a parenting plan, they can be held in contempt of court. This is a legal finding that may result in fines, payment enforcement, or even jail time in more serious or repeated violations. The court must be shown that the person had the ability to comply and chose not to.
Helpful Link: Washington LawHelp – Contempt in Family Law Cases
3. Are there criminal penalties for violating a protection order?
Yes. Violating a protection order—such as a domestic violence or anti-harassment order—can lead to criminal charges. This is separate from a contempt finding and can result in arrest, probation, or jail time. The court takes these violations very seriously because they directly affect someone’s safety.
Helpful Link: Washington Courts – Protection Order Resources
4. What can the court do to enforce unpaid support or other obligations?
The court has several powerful tools to enforce family law orders. These include wage garnishment, seizing funds from bank accounts, placing liens on property, and suspending professional or driver’s licenses. If someone refuses to pay child support or comply with another court-ordered obligation, these tools can be used without needing to file a new lawsuit.
Helpful Link: DSHS Division of Child Support – Enforcement Tools
5. Will the court always enforce a child support order if it’s violated?
Almost always, yes. Under Washington law, if a parent fails to comply with a child support order, the court is required to take enforcement action unless that parent can prove a valid excuse, like a medical emergency or involuntary job loss. Otherwise, enforcement is mandatory, and support obligations won’t just go away.
Helpful Link: Washington LawHelp – Enforcing Court Orders
Speak With a Washington Family Law Attorney About Enforcing Your Court Orders
Whether you're trying to collect unpaid child support, enforce a parenting plan, or hold someone accountable for ignoring a court order, you don't have to handle it alone. Washington law gives you the right to pursue enforcement, and the courts have powerful tools to make sure orders are followed. But navigating the legal system can be overwhelming, especially when emotions and finances are involved.
At the Law Offices of Jason S. Newcombe, we help clients throughout Washington State file contempt motions, enforce court orders, and protect their rights in family law cases. With over 50 years of combined legal experience, our attorneys offer trusted guidance, practical solutions, and aggressive advocacy when enforcement becomes necessary.
Contact us today to schedule your free consultation and take the next step toward securing the compliance and peace of mind you deserve.
Take Legal Action with Help from Our Washington Contempt of Court LawyersIf you’re in a situation where your ex-spouse refuses to abide by the terms of a divorce settlement, then you need to take action to protect the well being of your family. When an ex-spouse neglects their responsibilities involving child support, alimony, and visitation they make it difficult for you pay bills and take care of your children’s needs.
Our Washington contempt motion attorneys can help you with family law issues involving an ex-spouse that is out of compliance with the stipulations of a divorce settlement. Our team of Washington contempt lawyers has over three decades of experience handling all sorts of family law cases. This includes situations where one parent’s lack of responsibility has an adverse affect on their children.
Going through a divorce is tough, as is transitioning into a new life when it’s over. Everyone hopes that their transition will be smooth, but when an ex-spouse makes that process difficult you need help filing a motion from our Washington divorce enforcement attorneys.
Get Help Filing a Motion in Family Court from Our Contempt Lawyers in WashingtonWhen a person defies an order from a judge, they are said to be in “contempt of court.” This applies to an ex-spouse who refuses to abide by a court’s ruling involving support responsibilities. When you are affected by this kind of negligence you need a Washington divorce lawyer who can file a motion on your behalf in family court.
While there are times when failure to comply with an order might be understandable, when excuses become the norm then our Washington contempt motion attorneys can step in and take action. Punishments for failing to comply with a judge’s order sometimes include fines and jail time. The negligent party could also be liable for any court costs incurred, and any fees charged by a Washington divorce lawyer.
The most common reason for contempt in family court is failure to pay child support. If this happens to you then you need to protect the interests of children by talking to one of our Washington divorce enforcement attorneys about filing a motion. One way you can start taking a proactive stance is by keeping detailed records of negligence by your ex-spouse, so that our Washington contempt motion lawyers can file on your behalf without wasting any time.
Contact a Washington Divorce Lawyer for a Free ConsultationObviously, if you need to file a motion then you probably don’t have a lot of money to spend on a lawyer. Don’t let this prevent you from protecting yourself by using every legal tool at your disposal. Contact one of our Washington divorce enforcement attorneys today for a free consultation, so that they can help you determine a legally based course of action.
When it comes to your family, don’t take any chances. Contact one of our Washington contempt motion attorneys today and let us file a motion for you in family court.