Penalties, Contempt, and How to Protect Your Rights
Child support orders in Washington are fully enforceable even when a parent disagrees with the amount. If payments stop, enforcement requires a parent to take action. Courts will not investigate or chase the other parent on their own. Enforcement can happen through the courts or through the Division of Child Support. Each system works differently, and each has strengths and limits.
An attorney plays several important roles in enforcement cases. Lawyers can file contempt motions, calculate arrears correctly, obtain judgments, place liens, garnish bank accounts, and uncover income from nontraditional sources. Attorneys also defend parents who are facing contempt actions by presenting legitimate defenses such as impossibility. DCS is very effective at ongoing wage garnishment and creating a reliable payment record. But for large arrears, self-employed obligors, or parents who avoid reporting income, attorney-led enforcement is usually necessary.
This page explains how enforcement works, the penalties for nonpayment, how contempt operates, how long a parent can be pursued for unpaid support, and what you can do to protect your rights.
➡ For more general information visit our page Child Support In Washington State
Myths and Misconceptions About Child Support Enforcement
Myth: “If I cannot pay, the court will understand.”
The court enforces the order unless a parent proves true impossibility, not simply financial stress or personal hardship. If you are experiencing a drop in income, it may be a good idea to pursue a modification to child support rather than just waiting.
Myth: “I cannot go to jail for unpaid child support.”
Washington courts can jail a parent for willfully refusing to pay. Contempt penalties increase until the parent complies.
Myth: “If I pay cash or buy things for the child, it counts as support.”
Only payments that follow the support order count. Cash, groceries, or direct purchases do not reduce arrears.
Myth: “Child support stops automatically when the child turns 18.”
Child support ends based on what the child support order says. Some end when the child turns 18, but it is common that it ends after the latter of graduation from high school or turning 18. Even if support ends unpaid support does not go away. Arrears remain collectible long after the child becomes an adult.
Myth: “The court will go after the other parent for me.”
The court takes no action unless a parent files a motion. Enforcement always begins with one parent bringing the issue forward.
Myth: “Arrears can be forgiven easily.”
Courts rarely reduce arrears. Most must be paid in full unless there is a clerical error or fraud.
Myth: “DCS handles everything, so I do not need to go to court.”
DCS is excellent at wage garnishment and routine collection but cannot enforce complex arrears or investigate hidden income.
Myth: “I can stop paying support if the other parent withholds the child.”
Support and parenting time are separate. Withholding the child is not a defense to nonpayment.
Myth: “Missing one hearing is no big deal.”
Failing to appear can result in immediate contempt findings, garnishment, or arrest warrants.
Enforcement Basics
What happens if someone does not pay child support in Washington?
The unpaid amount becomes arrears, which can be collected through garnishment, liens, tax refund intercepts, and contempt actions. Enforcement continues until the full amount is paid.
How does Washington enforce child support orders?
Enforcement can be done through the courts or through DCS. Courts use contempt, judgments, and asset collection, while DCS uses wage withholding, license suspension, and federal enforcement tools.
What is the difference between DCS enforcement and court enforcement?
DCS is best for ongoing wage garnishment and routine collection. Court enforcement is used for complex arrears, hidden income, self-employment, or when stronger tools like contempt are needed.
Can child support be enforced if the other parent moved to another state?
Yes. Washington retains authority to enforce a support order issued here, even if the other parent lives elsewhere. Courts may work with DCS or with out-of-state agencies to collect support.
Can I enforce unpaid childcare or medical reimbursements?
Often yes. If the child support order requires sharing these expenses and a parent refuses to pay, the court may enforce the reimbursement through judgment or contempt.
Does bankruptcy affect child support enforcement?
No. Child support and related reimbursements are nondischargeable in bankruptcy under federal law. Wage withholding, judgments, and contempt proceedings continue despite bankruptcy.
Can child support be enforced after the child turns 18?
Yes. Arrears remain collectible long after the child becomes an adult, and Washington allows enforcement for many years after the order ends.
Penalties for Nonpayment
What are the penalties for failing to pay child support?
Penalties include wage garnishment, bank levies, license suspension, passport denial, property liens, and contempt. Arrears also accumulate interest.
Can I go to jail for not paying child support?
Yes. Courts can jail a parent who willfully refuses to pay. Jail is usually a last resort, but it is available when other enforcement tools fail.
How much do I have to owe before the state takes action?
Action may begin as soon as a single payment is missed. Larger arrears trigger stronger enforcement such as tax refund intercepts or license suspensions.
Can my driver’s license be suspended for unpaid child support?
Yes. Washington can suspend your driver’s license for unpaid support, and the suspension continues until payment arrangements are made.
Can my passport be denied for unpaid support?
Yes. Under 42 U.S.C. 652(k) and 22 C.F.R. 51.60(a)(8), the State Department must deny or restrict a passport when a parent owes more than $2,500 in certified child support arrears. Many parents first learn about the restriction when they try to renew a passport or plan international travel.
Garnishment, Liens, and Collection Tools
How does wage garnishment work for unpaid child support?
DCS or the court can order employers to withhold a portion of wages until arrears are paid. Garnishment begins quickly and continues automatically.
Can child support garnish my bank account?
Yes. A judgment allows attorneys to garnish bank accounts, including joint accounts, up to the amount of arrears.
Can child support take my tax refund?
Yes. Federal and state refunds can be intercepted to pay arrears.
Can the state put a lien on my house or property?
Yes. Liens can attach to homes, vehicles, or other property, and they must be satisfied before the property can be sold or refinanced.
Can the state take unemployment or workers’ compensation benefits?
Yes. Certain benefits can be garnished to cover unpaid support.
Arrears, Retroactivity, and Debt
How far back can Washington collect unpaid child support?
In most circumstances, Washington allows enforcement for up to 30 years after the youngest child ages out of the order. This long statute of limitations gives parents decades to collect arrears.
Can child support arrears be reduced or forgiven?
Arrears are rarely reduced. Courts will only adjust arrears for clerical errors or fraud, not because the parent struggled to pay.
Can I discharge child support in bankruptcy?
No. Child support is not dischargeable in bankruptcy under federal law.
What if the other parent agreed to accept less than the order?
Informal agreements do not change the order, and payments below the ordered amount still count as arrears.
Contempt of Court
What is contempt of court for unpaid child support?
Contempt occurs when a parent knowingly fails to follow a court order. The court may impose penalties until the parent complies.
What happens at a child support contempt hearing?
The court reviews evidence of nonpayment and asks the parent why they did not pay. Penalties may include payment plans, fines, or jail.
Do I need a lawyer for a contempt hearing?
Although not required, it is a good idea to invest in an attorney to protect yourself during contempt hearing. Contempt carries serious consequences, and a lawyer can present defenses, negotiate payment plans, and prevent unnecessary penalties. Courts often view claims of financial impossibility skeptically, especially if the parent appears able to pay other expenses. For parents facing true financial hardship, it is often best to prioritize child support and seek legal advice early.
How do I defend against a contempt motion?
The strongest defense is impossibility, meaning the parent literally could not pay and did not voluntarily create the inability. Incarceration and verified disability may also be valid defenses.
Can I file contempt if the other parent refuses to pay?
Yes. Contempt is one of the most effective tools for forcing compliance when other enforcement methods fail.
What defenses can a parent raise against a contempt motion for unpaid support?
The primary defense is true impossibility, meaning the parent lacked the actual ability to pay and did not voluntarily create the inability. Courts require strong evidence, and temporary hardship is rarely enough.
Enforcement vs Parenting Issues
Can I stop paying support if the other parent is withholding the child?
No. Support and parenting issues are separate. Withholding the child is not a defense to nonpayment. DCS cannot enforce parenting plan violations and cannot issue contempt findings.
Does unpaid child support affect parenting time?
Usually no, but extreme nonpayment can undermine credibility in future parenting actions.
Can unpaid support affect a relocation or modification case?
It can. Courts may consider chronic nonpayment when evaluating good faith or credibility.
Can I stop the other parent’s visitation if they refuses to pay child support?
No. Child support and parenting time are considered separate issues under the law. Refusal of one does not permit refusal of the other.
Strategic Questions for Both Parents
Should I use DCS or the courts to enforce child support?
DCS is excellent for ongoing garnishment and routine enforcement. Court enforcement is better for complex arrears, hidden income, or uncooperative parents. We usually recommend that our clients handle ongoing child support payments through DCS because of the clear record it provides.
How long does child support enforcement take?
Simple garnishments begin quickly, but complex arrears cases can take months. Enforcement continues until the debt is fully paid.
How do I calculate how much the other parent owes?
You add missed payments, interest, and unreimbursed expenses. An attorney can prepare an accurate ledger to support enforcement.
Can the other parent hide income to avoid enforcement?
They may try, but attorneys can use discovery, subpoenas, and financial records to uncover income. Courts can impute income when appropriate.
Why hire an attorney for child support enforcement?
Lawyers handle contempt motions, obtain judgments, secure liens, garnish accounts, and uncover hidden income. They also defend parents facing contempt and help prevent jail or excessive penalties.
Work With Pacific Northwest Family Law to Enforce or Defend Child Support Obligations
Child support enforcement affects your finances and your future. Whether you need help collecting unpaid support or defending against a contempt action, the right legal strategy makes all the difference. An attorney can calculate arrears accurately, obtain judgments, uncover income, negotiate payment plans, and protect you from harsh penalties. If you are facing enforcement issues or need to act quickly to protect your rights, we can help you take the next step with confidence.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025.