Enforcement Of Court Orders Attorney In Tacoma WA
Court orders exist to provide predictability, fairness, and protection in family law matters. When one party refuses to follow a divorce decree, parenting plan, child support order, or spousal maintenance order, the other party and the children suffer real consequences.
Washington courts take violations of family law orders seriously. When someone willfully disobeys a court order, they can face significant legal consequences including contempt findings, fines, jail time, modification of the underlying order, and responsibility for the other party’s attorney fees.
At Schroader Law, we help clients in Tacoma and Pierce County enforce family law orders when the other party refuses to comply. Whether you’re dealing with unpaid child support, parenting plan violations, withheld property division, or other breaches of court orders, we can help you pursue enforcement through the legal system.
What Court Orders Can Be Enforced?
Nearly every provision of a family law court order can be enforced if one party violates it. The most common types of enforcement actions involve parenting plan violations, child support arrears, spousal maintenance non-payment, property division and debt obligations from divorce decrees, and restraining orders and protection orders.
Enforceable vs Unenforceable Provisions
For a provision to be enforceable through contempt, it must be clear and specific enough that a reasonable person would know exactly what is required. Vague provisions like “the parties shall cooperate” or “the father shall see the children regularly” are difficult to enforce because there is no clear standard for compliance.
Orders that require specific action by a specific date, such as “Father shall pay $500 per month in child support by the first of each month” or “Mother’s parenting time begins at 6:00 p.m. on Friday” are clearly enforceable because compliance can be objectively measured.
Child Support Enforcement
Unpaid child support is one of the most common enforcement issues in family law. When a parent falls behind on support payments, several enforcement mechanisms are available.
How Support Arrears Accumulate
Child support arrears accrue whenever a parent fails to pay the full amount ordered by the due date. Even partial payments leave arrears for the unpaid portion. Interest accrues automatically on unpaid child support in Washington at 12% per year, which means arrears can grow quickly when left unpaid.
Past-due support does not go away. Arrears remain enforceable even after the child turns 18, graduates from high school, or otherwise ages out of current support. The debt continues until paid in full, with interest continuing to accrue.
Division of Child Support Enforcement
The Washington State Division of Child Support (DCS) is the primary agency responsible for child support enforcement, especially when the custodial parent receives public assistance. DCS can use administrative enforcement methods without requiring court hearings including wage garnishment, intercepting tax refunds, suspending driver’s licenses, suspending professional licenses, placing liens on property, levying bank accounts, and reporting arrears to credit bureaus.
Parents receiving TANF or other public assistance automatically have their cases handled by DCS. Other parents can apply for DCS services for a small fee.
Private Enforcement Actions
Parents who are not working with DCS can file private enforcement actions through an attorney. Private enforcement may be necessary when DCS is not handling the case effectively, when faster action is needed than DCS can provide, when you want to pursue contempt rather than just collection, or when the situation involves complex issues like hidden income or interstate enforcement.
A private enforcement action typically seeks a finding of contempt for willful non-payment, immediate payment of arrears plus interest, a payment plan for clearing arrears, reimbursement of attorney fees and costs, and potentially jail time for serious or repeated violations.
When Non-Payment Is Not Contempt
Not every failure to pay support results in a contempt finding. The court must determine whether the non-payment was willful. If a parent genuinely cannot pay due to disability, involuntary job loss, or other circumstances beyond their control, and they have made good faith efforts to find work or modify the order, the court may not find contempt.
However, the debt still exists even if there is no contempt. The proper remedy for inability to pay is seeking a modification of the support order, not simply stopping payment.
Parenting Plan Enforcement
Parenting plan violations take many forms and can significantly damage the parent-child relationship and the other parent’s ability to maintain meaningful contact with the children.
Common Parenting Plan Violations
Violations include denying scheduled parenting time without valid reason, consistently returning children late from parenting time, refusing to follow the holiday or vacation schedule, making unilateral decisions about education, medical care, or activities when decision-making is joint or allocated to the other parent, failing to communicate about the children as required by the plan, interfering with the other parent’s communication with the children, exposing children to prohibited individuals such as romantic partners during restricted periods, and relocating with the children without proper notice or court approval.
Some violations are more serious than others. A single instance of being 15 minutes late may not warrant enforcement action, but a pattern of consistent late returns or completely denying scheduled time is serious and enforceable.
Emergency Situations and Good Cause
Courts recognize that genuine emergencies sometimes require deviating from the parenting plan. If a child is sick, there is a family emergency, or other unforeseen circumstances arise, parents should communicate and work together when possible.
However, repeatedly claiming “emergencies” to avoid giving the other parent their time, or unilaterally deciding that the child’s soccer game or birthday party justifies canceling the other parent’s weekend, does not constitute good cause. Legitimate emergencies are rare. Consistent pattern of cancelled or shortened parenting time regardless of stated reasons can support enforcement.
Remedies For Parenting Plan Violations
When a parent violates a parenting plan, the court can order make-up time to compensate for missed parenting time, require the violating parent to pay the other parent’s attorney fees and costs, modify the parenting plan to reduce the violating parent’s residential time or decision-making authority, require counseling or parenting classes, impose fines, and in serious cases, find the violating parent in contempt which can result in jail time.
In extreme cases of repeated violations, especially when one parent completely denies the other parent access to the children, courts can change custody and make the previously non-custodial parent the primary residential parent.
Parental Alienation and Interference
Some parenting plan violations go beyond simply denying time and involve actively undermining the parent-child relationship. This can include telling children negative things about the other parent, coaching children to reject the other parent, falsely accusing the other parent of abuse, interfering with communication between parent and child, and creating conflict or drama in exchange to upset the children.
These behaviors can constitute interference with the parent-child relationship and may support both enforcement actions and modifications to court orders that address the interference.
Spousal Maintenance Enforcement
Like child support, spousal maintenance orders are enforceable through contempt when the paying spouse fails to make required payments.
Collecting Unpaid Maintenance
Enforcement methods for spousal maintenance are similar to child support enforcement. The court can order wage garnishment to secure future payments and capture arrears, enter judgments for past-due amounts which can be collected through liens and levies, hold the non-paying spouse in contempt with potential jail time, award attorney fees to the spouse seeking enforcement, and add interest to past-due amounts.
Unlike child support, spousal maintenance obligations may end upon the receiving spouse’s remarriage or cohabitation in some cases, depending on the terms of the original order. However, arrears that accrued before termination remain enforceable.
Modified vs Non-Modified Orders
If spousal maintenance is modifiable and circumstances have changed, the paying spouse should seek modification rather than simply stopping payment. Stopping payment without a court order modifying or terminating the obligation creates enforceable arrears even if modification would ultimately have been granted.
For non-modifiable maintenance, the obligation continues regardless of changed circumstances. The paying spouse cannot unilaterally stop paying based on job loss, retirement, or other financial changes when the decree designates maintenance as non-modifiable.
Property Division and Debt Enforcement
Divorce decrees often require one party to transfer property, refinance debts, pay certain obligations, or take other actions regarding assets and debts. When these provisions are not followed, enforcement action may be necessary.
Common Property Division Violations
Violations include failing to transfer title to real property or vehicles as ordered, refusing to refinance jointly-held debts to remove the other party’s liability, failing to pay debts assigned in the decree which damages the other party’s credit, refusing to divide retirement accounts as ordered, and failing to turn over personal property awarded to the other party.
Some of these violations can cause serious financial harm. If your ex-spouse was ordered to refinance the house to remove you from the mortgage but fails to do so, you remain liable for that debt. If they fail to pay a credit card assigned to them in the decree, your credit suffers.
Enforcement Remedies
Courts can enforce property division provisions by holding the violating party in contempt, ordering immediate compliance with the property division terms, awarding monetary damages for harm caused by the violation, placing liens on the violating party’s property to secure compliance, and awarding attorney fees to the party seeking enforcement.
In some cases, the court can order that title to property be transferred or debts be refinanced even without the violating party’s cooperation, essentially executing the transfer by court order.
The Contempt Process
Contempt of court is the legal mechanism for enforcing most family law orders. Understanding how contempt works is important for both enforcing orders and defending against contempt allegations.
What Constitutes Contempt
To find someone in contempt, the court must find that a valid court order existed, the person had knowledge of the order, the person had the ability to comply with the order, and the person willfully failed to comply with the order.
The “willful” element is critical. Contempt requires intentional disobedience, not mere inability to comply. If someone genuinely cannot comply due to circumstances beyond their control, that typically does not constitute contempt, though other remedies may still be available.
Remedial vs Punitive Contempt
Remedial contempt is designed to coerce future compliance. The court might say “you will go to jail until you pay the past-due support” or “you will be fined $100 per day until you turn over the documents.” Remedial contempt gives the person the key to their own cell by complying with the order.
Punitive contempt punishes past violations. The court might order 30 days in jail or a $5,000 fine for past willful disobedience. Punitive contempt is about consequences for past behavior, not coercing future compliance.
The Contempt Hearing
Contempt proceedings begin with a motion and supporting declaration explaining what order was violated and how. The court sets a hearing where both parties can present evidence and testimony.
At the hearing, the moving party must prove the violation by a preponderance of the evidence for most family law contempts, or beyond a reasonable doubt for criminal contempts. The burden then shifts to the alleged violator to prove inability to comply if that is their defense.
If the court finds contempt, it can impose sanctions including jail time (typically up to 6 months for family law contempts), fines, attorney fees, make-up time or other specific remedies, and orders for future compliance with terms for avoiding jail or fines.
Purging Contempt
Many contempt orders include a “purge” provision allowing the person to avoid jail or fines by taking specific action. For example, “Respondent is sentenced to 30 days in jail, to be purged upon payment of $5,000 in child support arrears” allows the person to avoid jail by paying.
Interstate Enforcement Issues
Enforcement becomes more complicated when parties live in different states. Fortunately, federal law and interstate agreements provide mechanisms for enforcing orders across state lines.
UIFSA and Child Support
The Uniform Interstate Family Support Act (UIFSA) allows child support orders to be enforced in any state. The state that issued the original order generally retains jurisdiction to modify it, but other states can enforce it.
Child support enforcement crosses state lines through DCS cooperation, direct income withholding in the state where the paying parent works, and registration of the order in the state where the paying parent resides.
UCCJEA and Parenting Plans
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides that custody and parenting orders from one state must be recognized and enforced in other states. A Washington parenting plan is enforceable in Texas, California, or any other state.
If the other parent has taken the children to another state in violation of your Washington parenting plan, you can register the order in that state and seek enforcement there, or in some cases pursue criminal charges for parental kidnapping.
Why Choose Schroader Law For Enforcement Actions
Enforcement actions require clear documentation of violations, understanding of contempt standards, and effective presentation to the court. At Schroader Law, we handle enforcement of family law orders in Tacoma and Pierce County with attention to both legal requirements and practical outcomes.
Here is how we approach enforcement cases:
Thorough Documentation of Violations – We help clients gather evidence of violations including communication records, payment histories, witness statements, photographs, and other documentation. Courts want concrete proof of violations, not just general complaints.
Strategic Decisions About When to Enforce – Not every violation warrants a court filing. We help clients distinguish between minor issues that can be addressed through communication and serious patterns of violation that require judicial intervention. We focus enforcement efforts where they will be most effective.
Clear Presentation to the Court – Enforcement hearings require presenting facts clearly and concisely. We organize evidence, prepare testimony, and present arguments that make it easy for the judge to understand what order was violated, how it was violated, and why enforcement is appropriate.
Pursuit of Meaningful Remedies – We seek remedies that actually solve problems, not just token sanctions. This might mean requesting make-up parenting time, payment plans for arrears, modifications to address ongoing violations, and attorney fee awards to compensate for the cost of enforcement.
Our focus is on enforcement that produces real compliance and protects our clients’ rights under existing court orders.
FAQs About Enforcement Of Court Orders In Washington
- What should I do if my ex isn’t following our parenting plan?
A. First, document the violations including dates, times, and specific conduct. Try communicating with the other parent to resolve the issue if safe to do so. If violations continue, consult with an attorney about filing an enforcement action. Keep following the order yourself even if the other parent is not.
- Can my ex go to jail for not paying child support?
A. Yes. If the court finds that non-payment was willful, meaning they had the ability to pay and chose not to, they can be held in contempt and sentenced to jail time. However, inability to pay due to circumstances beyond their control is typically not contempt.
- How far back can I enforce unpaid child support?
A. Child support arrears do not expire. You can enforce unpaid support going back years or even decades. Interest continues to accrue at 12% per year in Washington, so old arrears can grow substantially.
- What if my ex claims they couldn’t comply with the order?
A. The burden shifts to them to prove inability to comply. If they genuinely could not comply due to circumstances beyond their control and they made good faith efforts to comply or modify the order, the court may not find contempt. However, the underlying obligation typically still exists.
- Can I withhold parenting time if my ex isn’t paying child support?
A. No. Child support and parenting time are separate issues. Denying parenting time because support is not being paid is itself a violation that can be enforced against you. The remedy for unpaid support is enforcement of the support order, not self-help denial of parenting time.
- How long does an enforcement case take?
A. It varies. Simple cases with clear violations and good documentation might be resolved in one or two hearings over a couple of months. Complex cases involving disputed facts or multiple violations can take longer. Emergency hearings can sometimes be obtained within days when there are urgent safety concerns.
- What if the violations happened a long time ago?
A. Courts may consider the delay in seeking enforcement. Very old violations where you took no action at the time may be harder to enforce. However, ongoing patterns of violation or serious violations like extended denial of parenting time can be enforced even if some time has passed.
- Will the court make my ex pay my attorney fees?
A. Possibly. Washington law allows courts to award attorney fees to the prevailing party in enforcement actions, particularly when the violations were willful and without good cause. Fee awards are meant to make the innocent party whole and to deter future violations.
- Can I enforce a court order from another state?
A. Yes. Child support orders and parenting plans from other states can be enforced in Washington under federal law and interstate agreements. The process may require registering the out-of-state order with a Washington court first.
- What if we both violated the order?
A. The court will consider violations by both parties. If both parties have violated the order in different ways, the court may address both sets of violations, potentially finding both parties in contempt or fashioning remedies that address the overall situation. This is sometimes called “unclean hands” and can affect the remedies available.
Protect Your Rights Under Court Orders
Court orders only mean something if they can be enforced. When the other party refuses to follow a divorce decree, parenting plan, child support order, or other family law order, you should not have to simply accept the violations and their consequences.
At Schroader Law, we handle enforcement of family law orders in Tacoma and Pierce County with attention to documentation, legal standards, and effective advocacy. Our goal is to secure compliance with existing orders and protect the rights those orders were meant to preserve.
Contact us to schedule a consultation. We will review your situation, examine the orders that have been violated, and explain your options for enforcement.
You obtained your court order for a reason. Don’t let violations go unenforced. Reach out to Schroader Law and let us help you protect your rights and hold the other party accountable for following the law.