Crouse Erickson | Spokane
Crouse Erickson | Spokane
You have a court order, but your co-parent is ignoring it or outright defying it. Withholding parenting time, skipping child support payments, and refusing to follow the terms of your divorce decree are just some of the ways a former spouse may violate court orders. A piece of paper from a judge should mean something, and in Washington, it does.
A Spokane enforcement of family court orders attorney at Crouse Erickson can take action to compel compliance and hold the other party accountable. We practice family law exclusively. Our team of five attorneys and four legal assistants has been enforcing court orders in Spokane County Superior Court for nearly 30 years.
If someone is violating your court order, call (509) 624-1380 for a confidential consultation, or contact us online.
CONTACT US TODAY FOR A CONSULTATION
Enforcing a family court order means asking the court to make the other party follow the terms they agreed to or were ordered to follow. Washington courts have multiple tools to do this, from formal warnings to fines, makeup parenting time, and jail.
A family court order is legally binding. When your co-parent ignores a parenting plan or stops paying child support, you have the right to bring them back to court.
The most common enforcement tool in Washington family law is a motion for contempt. Contempt means the person knew about the order, had the ability to follow it, and chose not to.
The right response to a court order violation depends on the situation. An approach that is too aggressive wastes time and money. An approach that is too passive lets the other party keep ignoring the order. Knowing how to handle each case properly and effectively requires years of skill and experience.
Crouse Erickson does not handle criminal cases, personal injury, or business disputes. Family law is our entire practice. That focus gives our enforcement attorneys deep experience with the specific statutes, procedures, and judges involved in Spokane County family court.
Our attorneys have earned the Avvo Clients’ Choice Award, an Avvo 10.0 Top Attorney rating, and selection to America’s Most Honored Professionals. David Crouse authored Divorce in Washington, published by Addicus Publishing.
We prepare every enforcement case as if it will go to a contested hearing. Organized evidence, clear timelines, and a strong presentation matter in front of Spokane County judges and court commissioners. That preparation often leads to favorable outcomes at the first hearing.
| What We Enforce | How We Approach It |
| Parenting plan violations | Document the pattern, file for contempt, seek makeup time and attorney fees |
| Child support arrears | Pursue private contempt, coordinate with DCS when appropriate, and seek wage garnishment |
| Maintenance defaults | File contempt motions, seek interest on arrears, and attorney fee recovery |
| Divorce decree noncompliance | File motions to compel, seek contempt when willful refusal is clear |
| Visitation interference | Build evidence of denied access, request court intervention, and schedule enforcement |
When a court order is being violated, our team acts with the urgency the situation demands. Call (509) 624-1380 or contact us online to schedule a confidential consultation.
Almost every type of family court order can be enforced through the courts. Our enforcement attorneys at Crouse Erickson handle violations across the full range of family law matters.
Parenting plan violations are the most common enforcement issue in Spokane family court. These include withholding court-ordered parenting time, returning children late, and blocking phone or video contact. Making decisions about a child’s schooling or medical care without required input also qualifies.
Unpaid child support can be enforced through the court system or through the Washington Division of Child Support (DCS), which is part of the Department of Social and Health Services (DSHS).
The DCS can garnish wages, intercept tax refunds, suspend driver’s licenses, and seize bank accounts. A private contempt motion through your attorney can often move faster than waiting for the state agency to act.
When an ex-spouse stops paying court-ordered maintenance, enforcement options include contempt and wage garnishment. Interest accrues on unpaid maintenance, and the court can order the non-paying party to cover your legal costs.
A divorce decree covers property division, debt allocation, and financial obligations. When one party refuses to transfer property, sell a home, or divide retirement accounts as ordered, a contempt motion can force compliance.
Each situation requires proof that the order exists, the other party knew about it, and they chose not to follow it.
Contempt of court means intentionally disobeying a court order. In Washington family law, contempt is the primary tool for enforcing parenting plans, support orders, and other court directives.
The process starts when your attorney files a motion for contempt with Spokane County Superior Court. The court then issues an order to show cause, requiring the other party to appear and explain why they should not be held in contempt.
For parenting plan violations, Washington law requires proof that the violation was done in bad faith. For child support and maintenance violations, the standard is intentional noncompliance. In both cases, your attorney needs to present clear evidence of the violation.
Washington law gives judges a range of penalties for contempt. The specific consequences depend on the type of violation and whether it is a first or repeated offense.
| Type of Violation | Possible Penalties |
| First parenting plan violation | Makeup parenting time, a civil penalty of at least $100, and attorney fees for the other parent |
| Second violation within three years | Double the missed parenting time, a civil penalty of at least $250, and all attorney fees and court costs |
| Child support nonpayment | Wage garnishment, bank account seizure, license suspension, tax refund intercept, fines, and possible jail time |
| Maintenance default | Contempt finding, wage garnishment, interest on unpaid amounts, and attorney fee awards |
| Divorce decree violation | Court order to comply, fines, and possible jail for willful refusal |
On a second parenting plan violation within three years, the penalties increase automatically. The court must award double the missed parenting time and a higher civil penalty. These escalating consequences give real teeth to enforcement.
A: It depends on the court’s calendar and the complexity of the violation. After your attorney files the motion, the court typically schedules a hearing within a few weeks. Straightforward cases can be resolved at the first hearing. Contested cases may take longer if the other party disputes the facts.
A: The court considers whether the violation was willful. A genuine emergency or inability to comply may be a valid defense. However, financial hardship alone does not excuse child support nonpayment if the person has the ability to earn income. Your attorney can assess whether the other party’s excuse is likely to hold up in court.
A: Generally yes, you can enforce an out-of-state family court order in Washington. The order typically needs to be registered with Spokane County Superior Court before enforcement can begin. An enforcement attorney at Crouse Erickson can handle this registration process for you.
Contempt is powerful, but it is not the right first move in every case. The family court order enforcement lawyers at Crouse Erickson evaluate each situation and calibrate the response to the violation: aggressive when the situation demands it, strategic when a lighter touch will get a faster result.
For instance, sometimes a strongly worded letter from our attorneys resolves the issue without a court filing. In other cases, a formal demand through counsel creates enough pressure to restore compliance. When the other parent’s circumstances have genuinely changed, a modification may make more sense than enforcement.
Our approach depends on the facts:
Founding partner David Crouse, partner Alison Erickson, and the entire team have spent decades calibrating this balance for Spokane families.
Yes, Washington law allows the court to order the non-compliant party to pay your attorney fees and court costs if you win a contempt action. This is one of the most important aspects of family court enforcement that many people do not know about.
For parenting plan violations, the statute requires the court to award attorney fees on a first contempt finding. On a second violation within three years, the court must award all fees and costs. For support and maintenance contempt, the court has discretion to award fees as well.
This means enforcement does not have to be cost-prohibitive. If the other party is clearly violating a court order, you may recover what you spend to bring them back into compliance. However, filing a motion without a reasonable basis can result in the court ordering you to pay the other side’s fees. Our family law attorneys only file when the evidence supports the claim.
Strong evidence is the foundation of any enforcement action. The more clearly you can document what the order requires and how the other party failed to follow it, the stronger your case will be.
Evidence that can support an enforcement or contempt motion includes:
Your Crouse Erickson lawyer organizes this evidence into a clear, credible presentation. We prepare enforcement cases with the same intensity we bring to trial, because strong evidence is what moves judges to act.
No, a contempt finding is not guaranteed. The judge must determine that the violation was willful. If the other party can show a legitimate reason they could not comply, the court may deny the motion. Strong evidence of intentional noncompliance gives you the best chance.
Maybe, but police in Spokane typically treat custody disputes as civil matters. Officers may be reluctant to intervene unless there is a safety concern or a protection order violation. An enforcement motion through the court is usually the more effective path.
A motion to enforce asks the court to clarify or compel compliance with an existing order. A motion for contempt asks the court to find the other party guilty of willful disobedience and impose penalties. Contempt carries more serious consequences, including fines and potential jail time.
There is no statute of limitations on collecting child support arrears in Washington. Unpaid support accrues 12% annual interest. Even if payments were missed years ago, you can still pursue enforcement through the court or the Division of Child Support.
Every missed payment, every denied visit, and every ignored obligation makes the situation harder to fix later. Waiting for the other party to comply on their own rarely works.
Crouse Erickson has enforced family court orders in Spokane County for nearly three decades. We know when to push for contempt and when a different strategy will get you a faster result.
Call (509) 624-1380 today. Tell us what is happening, and we will lay out your options clearly. You can also contact us online anytime.
