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Understanding Contempt Motions and Court Order Enforcement in Kent, Washington

When the court enters an order in a family law case—whether it involves child support, parenting time, custody, or spousal maintenance—both parties are legally required to follow it. But what happens when one person refuses to comply? In Washington, the law provides specific remedies to enforce these obligations and hold the noncompliant party accountable.

In Kent and across King County, two of the most commonly used legal tools are contempt motions and motions to enforce court orders. These are powerful actions that allow a parent or former spouse to seek enforcement of an existing order, recover unpaid support, or compel the other party to comply with parenting plan provisions. Whether you’re dealing with missed child support payments or an ex-spouse ignoring court-ordered responsibilities, understanding your enforcement options is essential.

While every situation is unique and legal processes can vary, the following overview highlights the key Washington statutes that govern contempt and enforcement and explains what they mean in clear, practical terms.

Key Washington Statutes for Contempt and Enforcement
Washington law provides strong enforcement tools for ensuring that family court orders are respected. The core enforcement statutes are found in RCW 26.18.050, which specifically address support obligations. Additional guidance comes from RCW 26.09.160 (family law contempt), and RCW 7.105.450, which deals with violations of protection orders. Below are five of the most important enforcement principles, explained in plain English.

1. Immediate Wage Garnishment for Child Support

“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:
All child support orders issued in Kent include an automatic wage withholding clause. This allows the support amount to be deducted from the paying party’s paycheck and sent directly to the Washington State Support Registry. This system is designed to prevent missed payments and avoid unnecessary courtroom disputes over enforcement.

2. Contempt for Violating 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:
When someone willfully refuses to follow a court order—such as ignoring a parenting plan or withholding support—the court can find that person in contempt. A contempt finding can result in penalties like fines, compliance hearings, or jail time in serious or repeated violations. It’s one of the court’s strongest tools for compelling obedience to its orders.

3. Criminal Penalties for Violating Protection Orders

“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:
Violating a domestic violence or anti-harassment protection order can trigger immediate arrest and potential criminal charges. In Kent, officers are required by law to arrest individuals who violate protection orders if probable cause exists. This underscores how seriously the courts and law enforcement treat these violations.

4. Legal Tools to Enforce Court Orders

“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 support payments are more than 15 days overdue, the receiving party can petition for a mandatory wage assignment. The court can also approve other enforcement actions such as seizing bank funds, placing property liens, or reporting the delinquency to credit bureaus. These remedies allow for swift enforcement without filing a new case.

5. The Court Must Act Unless There’s Good Cause

“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 law makes enforcement mandatory in most cases. If someone violates a court order—especially regarding child support—the court is required to act unless the person can prove a legitimate excuse, such as job loss or a medical emergency. If no good cause exists, the court will proceed with enforcement, including contempt findings or wage garnishment.

All Family Law Matters in Kent Are Heard in King County Superior Court
Family law cases arising in Kent are handled by the King County Superior Court. If you are dealing with a violation of a court order, whether it involves unpaid support, a disrupted parenting schedule, or a protection order breach, working with a skilled Kent family law attorney is one of the most effective ways to protect your rights and achieve enforcement.

Contempt and Enforcement in Kent – Frequently Asked Questions

1. Can the family court take child support directly from my paycheck?
Yes. In Kent and throughout Washington State, every child support order includes a built-in wage withholding provision. This allows support payments to be automatically deducted from the paying parent’s wages and directed to the Washington State Support Registry, without the need for additional court hearings. This system ensures consistent payment and reduces enforcement issues.

Washington State Department of Social and Health Services – Wage Withholding

2. What happens if someone ignores a family law court order?
When a person willfully disobeys a family law order—such as failing to pay child support, skipping scheduled visitation, or ignoring a custody plan—the court can find them in contempt. This legal determination can result in fines, court-mandated compliance plans, or even jail time in more serious or repeated violations. The court must conclude that the individual had the ability to comply but chose not to.

Washington LawHelp – Contempt in Family Law Cases

3. Are there criminal penalties for violating a protection order?
Yes. If someone violates a protection order—such as a domestic violence or anti-harassment order—they can be arrested and criminally prosecuted. In Kent, as in the rest of Washington, law enforcement officers are required to make an arrest if they have probable cause to believe the order was violated. Penalties can include jail time, probation, and further legal restrictions.

Washington Courts – Protection Order Resources

4. What can the court do to enforce unpaid support or other obligations?
Courts in Kent have a variety of powerful tools to enforce child support and other family law orders. These include wage garnishment, seizing funds from bank accounts, placing liens on property, and even suspending driver’s or professional licenses. These remedies can be used swiftly and do not require initiating a new legal action.

DSHS Division of Child Support – Enforcement Tools

5. Will the court always enforce a child support order if it’s violated?
Almost always. Washington law requires enforcement of child support orders unless the non-paying party can prove a valid reason, such as a medical emergency or involuntary job loss. Without such justification, enforcement is mandatory. The court may impose contempt penalties, wage garnishment, or enter judgments to ensure compliance.

Washington LawHelp – Enforcing Court Orders

Talk to a Kent Family Law Attorney About Enforcing Your Court Orders
Whether you’re seeking unpaid child support, trying to enforce a parenting plan, or dealing with a former partner refusing to follow court orders, you have legal options. Washington law empowers you to act, and King County courts have the authority to ensure those orders are honored.

At the Law Offices of Jason S. Newcombe, we represent individuals across Kent and King County in contempt and enforcement proceedings. With more than 50 years of combined legal experience, we provide strategic legal guidance and assertive representation tailored to your unique situation.

Schedule your free consultation today and let us help you take action with confidence and clarity.

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