Enforcing a Parenting Plan or Support Order in Washington

Support and parenting time are separate

Parenting functions and the duty to pay child support are distinct responsibilities. If one party fails to comply with a decree or temporary order, the other party’s obligation to pay support or permit contact with the children is not suspended (RCW 26.09.160(1)). Attempting to condition support on parenting time, refusing to pay ordered support, refusing to perform the duties in the parenting plan, or hindering the other parent’s performance is deemed bad faith, and the court shall punish it by contempt and award the aggrieved party reasonable attorneys’ fees and costs of the contempt motion (RCW 26.09.160(1)). Every permanent parenting plan restates that one parent’s noncompliance does not affect the other parent’s obligations (RCW 26.09.184(7) and (8)).

Contempt for violating the residential schedule

A motion may be filed to start a contempt action to coerce a parent to comply with the residential provisions. If the court finds reasonable cause to believe the parent has not complied, it may issue an order to show cause (RCW 26.09.160(2)(a)). If, after a hearing, the court finds the parent did not comply in bad faith, it shall find the parent in contempt and order (RCW 26.09.160(2)(b)):

• Additional time with the child equal to the time missed;
• Payment of all court costs and reasonable attorneys’ fees caused by the noncompliance, and reasonable expenses of locating or returning a child; and
• A civil penalty of not less than $100.

The court may also order jail if the parent is presently able to comply and presently unwilling to, until the parent agrees to comply, but in no event for more than 180 days. On a second failure within three years, the make-up time is twice the time missed and the civil penalty is not less than $250 (RCW 26.09.160(3)).

• The parent is deemed able to comply unless that parent proves otherwise by a preponderance of the evidence, and must prove any reasonable excuse by a preponderance of the evidence (RCW 26.09.160(4)).
• Monetary awards can be enforced like a civil judgment (RCW 26.09.160(5)).
• If the court finds a contempt motion was brought without reasonable basis, it shall order the moving party to pay the other party’s costs, reasonable attorneys’ fees, and a civil penalty of not less than $100 (RCW 26.09.160(7)).

The statewide contempt forms

The Motion for Contempt Hearing (FL All Family 165) (revised 05/2016) covers violations of a child support order, a maintenance order, a parenting plan or residential schedule, a restraining order, or another order, and asks you to describe each violation with dates, times, and amounts. To schedule the hearing, the form tells you to ask the court to sign the Order to Go to Court for Contempt Hearing (Order to Show Cause) (FL All Family 166) (revised 07/2021), which may be signed ex parte, and to have the motion and the order personally served on the other party by someone else.

Enforcing child support

A proceeding to enforce support may be started by a petition or by a motion in the existing case, in the county where the child lives or is present, where either party lives, or where the order was entered (RCW 26.18.040). If a parent fails to comply with a support order, a contempt action may be started, and if the court finds reasonable cause it may issue an order to show cause. A parent who claims an inability to pay must show due diligence in seeking employment, conserving assets, or otherwise becoming able to comply (RCW 26.18.050).

A parent owed support may also petition or move for a mandatory wage assignment when the other parent is subject to an order allowing immediate income withholding, or is more than fifteen days past due in an amount equal to at least one month’s support, subject to the notice and other requirements in RCW 26.18.070. The DSHS Division of Child Support also provides enforcement services.

Attorney fees

Apart from the fees that RCW 26.09.160 requires, the court may order a party to pay a reasonable amount for the other party’s costs and attorneys’ fees in a chapter 26.09 proceeding, including enforcement or modification, after considering both parties’ financial resources (RCW 26.09.140).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• RCW 26.09.160, failure to comply and contempt
• RCW 26.09.184, obligations unaffected by noncompliance
• RCW 26.09.260, modification after repeated contempt
• RCW 26.09.140, costs and attorneys fees
• RCW 26.18.040, support enforcement proceedings
• RCW 26.18.050, contempt for failure to pay support
• RCW 26.18.070, mandatory wage assignment
• Motion for Contempt Hearing, FL All Family 165
• Order to Go to Court for Contempt Hearing, FL All Family 166
• DSHS Division of Child Support