Justia Badge
Top One
BBB
AVVO
Best of the Best Attorneys - Criminal Defense Law Firm
Expertise - Best DUI Lawyers in Seattle
TrustAnalytica Top 10 Bellevue Criminal Law Attorneys
Expertise Best Divorce Lawyers in Tacoma

Understanding Contempt Motions and Court Order Enforcement in Everett, Washington

contempt motionWhen a Washington court issues an order in a family law case—whether it concerns child support, custody, visitation, or spousal maintenance—both parties are legally required to comply. Unfortunately, enforcement is sometimes necessary when one party fails to follow through.

In Everett and across Snohomish County, the most effective remedies are contempt motions and motions to enforce court orders. These legal actions are used to hold individuals accountable when they violate court orders, recover unpaid support, and restore compliance with parenting plans or financial obligations. Whether you're trying to compel visitation compliance or collect overdue child support, understanding these enforcement options is essential to protecting your legal rights.

Because these cases involve detailed procedures and often emotional circumstances, it’s wise to speak with an experienced Everett family law attorney. The following overview breaks down the key Washington laws that govern enforcement—explained in straightforward language so you can move forward with clarity and confidence.

Key Washington Laws for Enforcing Family Law Orders
Washington’s legal system provides clear mechanisms for enforcing family court orders. The central statutory framework includes RCW 26.18.010 through RCW 26.18.050, which governs support enforcement. Other key laws include RCW 7.21 (civil contempt), and RCW 7.105.450, which covers protection order violations. Here are five of the most important enforcement tools available under Washington law—and what they mean for families in Everett.

1. Automatic Wage Garnishment for Child Support in Everett

“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 Everett, child support orders automatically include a wage withholding clause. This allows payments to be deducted directly from the paying parent’s paycheck and sent to the Washington State Support Registry. It helps ensure that support is paid on time without requiring additional legal action.

2. Contempt for Ignoring Snohomish County Court Orders

“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 a parent or spouse willfully violates a court order—such as refusing to comply with a custody schedule or failing to make support payments—the court may find them in contempt. This serious ruling can result in fines, compliance deadlines, or jail time for repeat or extreme violations.

3. Criminal Penalties for Violating Protection Orders in Everett

“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:
In Everett, law enforcement must arrest anyone who violates a protection order if there’s probable cause. These cases go beyond civil enforcement and may lead to criminal prosecution, jail, probation, and expanded restrictions to safeguard the protected individual.

4. Broad Enforcement Powers for Missed Payments

“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 someone is more than 15 days late with child support or spousal maintenance, the receiving party can request a mandatory wage assignment. Courts in Snohomish County can also authorize bank garnishments, property liens, or credit bureau notifications—all without having to file a new lawsuit.

5. Enforcement Is Mandatory—Not Optional

“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 obligates courts to take enforcement action when someone fails to follow a support or maintenance order—unless the noncompliant party can prove a legitimate excuse, such as involuntary job loss or serious illness. If not, the court must proceed with enforcement through contempt, garnishment, or judgment collection.

All Family Law Cases in Everett Are Handled by Snohomish County Superior Court
If you're navigating enforcement issues in Everett—whether involving child support, parenting plans, or protection orders—your case will be heard in Snohomish County Superior Court. These matters can have serious consequences for your family and financial stability. Whether you're pursuing enforcement or facing accusations of contempt, working with a skilled Everett family law attorney can make all the difference.

Contempt and Enforcement in Everett – Frequently Asked Questions

1. Can the court take child support directly from my paycheck?
Yes. In Everett and throughout Washington State, all child support orders include a built-in wage withholding provision. This means the required support amount can be deducted directly from the paying parent’s wages and forwarded to the Washington State Support Registry—no additional court action required. This helps ensure timely and consistent payments.

More information: Washington State DSHS – Wage Withholding

2. What happens if someone violates a family law court order?
When a person willfully fails to comply with a family law order—such as refusing visitation, skipping support payments, or disobeying a parenting plan—the court can find them in contempt. This legal finding can lead to fines, forced compliance, or even jail time if the violation is severe or repeated. The court must determine that the person had the ability to comply and chose not to.

More information: Washington LawHelp – Contempt in Family Law Cases

3. Are there criminal consequences for violating a protection order?
Yes. If someone violates a protection order in Everett—such as a domestic violence or anti-harassment order—they can be arrested and criminally prosecuted. Washington law requires police to arrest violators if probable cause exists. These violations can lead to jail, probation, and enhanced court protections for the victim.

More information: Washington Courts – Protection Order Resources

4. What enforcement tools are available for unpaid support or other violations?
Snohomish County courts have powerful enforcement options. These include wage garnishment, seizure of bank accounts, placing liens on real property, and suspending driver’s or professional licenses. These tools help ensure compliance without having to start a new legal action.

More information: DSHS Division of Child Support – Enforcement Actions

5. Will the court enforce child support orders in every case?
In nearly all situations, yes. Washington law requires courts to enforce support orders unless the obligated party can prove a valid reason for noncompliance, such as a medical emergency or involuntary job loss. If no such excuse is shown, the court is required to take enforcement action.

More information: Washington LawHelp – Enforcing Family Court Orders

Talk to an Everett Family Law Attorney About Enforcing Your Court Orders
Whether you’re trying to recover unpaid child support, enforce a parenting plan, or respond to a violation of a court order, you have legal rights—and the courts in Snohomish County have the tools to protect them.

At the Law Offices of Jason S. Newcombe, we help individuals and families in Everett and throughout Snohomish County pursue and defend against contempt motions, enforce existing court orders, and resolve disputes with clarity and confidence. With over 50 years of combined legal experience, our team delivers strategic guidance and strong legal representation in even the most challenging family law enforcement cases.

Contact us today to schedule a free consultation and take the first step toward protecting your rights, restoring compliance, and securing peace of mind.

Our Everett Contempt of Court Lawyers Can Help You if Your Ex Won’t Play By the Rules

When an ex-spouse refuses to obey the terms of a divorce as set forth by the court, it can leave you frustrated and put your well being, and that of your children, at risk. Paying bills, providing for your children, and keeping up with their care is hard enough without having to worry about your ex-spouse neglecting their responsibilities involving visitation, alimony, or child support.

When an ex-spouse is out of compliance with divorce enforcement orders, our Everett contempt motion attorneys can step in and help you address the issue in family court. With over 30 years of combined experience handling sensitive family law issues, our Everett contempt lawyers can help you and your family by petitioning the court on your behalf. Indeed, children often are the most affected by the negligence of a parent who ignores their court ordered responsibilities.

As you move forward into a new life after a divorce, you want everything to progress without hassles or problems. However, when problems do arise you can get help filing a motion from our team of Everett divorce enforcement attorneys.

Our Contempt Lawyers in Everett Can File a Motion on Your Behalf

Contempt of court is the term used to describe when a person ignores an order made by a judge. When an ex-spouse fails to obey an order and their actions negatively impact your life, an Everett divorce lawyer can help you address the act of negligence with the court.

There are times when a person might have a valid reason for failing to comply with a judge’s order. If the excuses become commonplace and that party continues to violate the order, then our Everett contempt motion attorneys can step in and file for you.

There are severe punishments for a contempt conviction, so your ex-spouse could be penalized with fines or even jail time. Also, they could be held liable for any fees you incurred during the process of filing for a contempt motion, including court costs and Everett divorce lawyer fees.

Failure to pay child support is the most common variety of contempt. When a parent neglects to pay child support, you should act in the interests of your children by talking to one of our Everett divorce enforcement attorneys about filing a motion on your behalf. We urge all of our clients with potential family law issues to keep accurate and detailed records, so that when problems arise they are ready to share them with our Everett contempt motion attorneys.

Our Everett Contempt of Court Lawyers Offer a Free Consultation

Don’t let the negligence of your ex-spouse cause undue hardship on you and your Everett family. Act now to resolve the situation by contacting one of our Everett divorce enforcement attorneys for a free case evaluation. This is the first step toward resolving the situation, and we will act quickly and decisively to have your problems addressed by the court.

Contact us for a no-risk consultation today, and find out how a contempt motion could help you get what you need for your family.

Client Reviews
★★★★★
Great service and follow up. Its a scary thing when you need a lawyer but Jason and his team make it less so. Very happy with our outcome. Scott Thibeault
★★★★★
"I can't say enough great things about Jason Newcombe Law Office. I am retired military and I highly recommend Jason Newcombe Law Office. I reached out to Jason's office after sitting for hours reviewing multiple Domestic Violence Law Offices in King County. He responded before that day was over. I spoke with Jason's both in-person and by phone; felt very comfortable with his years of experience and straight talk. He took on my case, took me through the process with sound advice. The Attorney Erin Lane who accompanied me with my court appearances; can't praise and thank her enough for her time, selflessness and educational information prior to each court appearance. She made a really daunting task for me less fearful, given such grim circumstances. I am forever grateful for Jason and the Team of Attorneys." Tommy Harville
★★★★★
"I cannot thank Mr. Newcombe and his staff enough. They are awesome. When I first contacted his offices, I didn't know what to do. I was overwhelmed and confused. He did an amazing job, I highly recommend him! I had two cases, and he got both of them dismissed. If you are in trouble, do yourself a favor, give him a call. " David
★★★★★
"I had Mr. Newcombe's firm handle my ticket and I greatly appreciate their assistance. It was handle easily and with good communication from the associates. If you need assistance with some legal matters then I would refer you to them. " Marvin
★★★★★
"Jason Newcombe and his Associate's are all top notch individuals who will fight tooth and nail for you and go the distance to ensure that you receive the best outcome possible on your case. I would not be where I am today if not for the Law offices of Jason Newcombe. " Eric Brandt