Washington Child Support Enforcement

In Washington state, a child support order represents a legal obligation. If a non-custodial parent fails to pay child support , they face serious consequences. The Washington State Department of Social and Health Services (DSHS) Division of Child Support (DCS) can take enforcement actions. These include holding the parent in contempt, imposing fines, or even pursuing jail time. Also, the DCS may suspend the parent's driver's license and any professional licenses. If nonpayment persists for an extended period, the state can bring criminal charges against the parent.

Enforcement of Court-Ordered Washington Child Support

The State of Washington's official child support enforcement agency is the Division of Child Support (DCS). The DCS must provide public assistance with child support enforcement services free of charge, and the federal government and the state of Washington fund it.

DCS also works with tribal governments to address cases where the person works on tribal land. DCS and the State Tribal Relations Unit negotiate agreements and processes with Native American tribes. Some agreements include referring cases to the tribe or tribal court to establish or enforce child support.

Can You Go to Jail For Not Paying Child Support in Washington?

Yes, failure to pay child support in Washington can lead to jail time. When a non-custodial parent fails to meet their child support obligations, the DCS can enforce payment. If a parent accumulates arrears or overdue support, their child support case may go before the superior court. Working with the prosecutor's office, the family support division can start contempt proceedings. The court may impose jail time if the parent can pay but deliberately avoids their responsibilities. Enforcement actions may also include garnishing Social Security benefits, seizing funds from bank accounts, or intercepting tax refunds to cover arrears.

Criminal Prosecution

If the court decides the non-custodial parent could pay some or all the amount owed, the payer can be in contempt. Penalties for contempt may include any enforcement methods listed here (like suspending a driver's license), fines, jail time, and other penalties. Also, the non-paying can get charged with a misdemeanor or felony and face jail or prison time.

Modifying an Order

If a parent is having problems making payments, he or she should contact the court immediately. The parent can always seek to modify their existing support order. This means going back to court and explaining to the judge why you can't make your payments. Only a judge can change the amount you owe under a support order.

The following table highlights the main provisions of Washington's child support enforcement laws.

See also Child Support Enforcement FAQs, How Do I Locate a Parent for Child Support, Enforcement and Collection of Back Child Support.

Code section

Chapter 26.18 RCW et seq.

Who is responsible?

Both parents

Agencies

Division of Child Support (DCS)

Remedies available
  • Attach wages.
  • Attach unemployment compensation.
  • Attach worker's compensation (Labor & Industries).
  • Attach pensions not protected under federal law.
  • Attach non-earned funds payable to the non-custodial parent.
  • Attach settlements as the result of lawsuits.
  • Attach funds in financial institutions.
  • File liens with county auditors where real or personal property is located.
  • File liens against vehicles or vessels licensed with the Department of Licensing.
  • Seize property held in safety deposit boxes.
  • Seize vehicles or other personal property for sale at public auction.
  • Request the suspension of drivers, professional, and recreational licenses.
  • Refer cases for judicial enforcement.
  • Attach federal IRS income tax returns and other federal payable funds.
  • Non-renewal of U.S. Passports.
  • Report debt to credit reporting agencies.
  • Refer cases to an Indian tribe for establishment or enforcement.
Interest on missed child support payments

12%

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Federal Enforcement

If the non-custodial parent moves out of Washington, other states can enforce the support order under the Uniform Interstate Family Support Act. The federal government has a Federal Parent Locator Service if you need help locating the other parent.

Get Legal Advice From a Washington State Family Lawyer

Child support enforcement laws are complicated. A Washington family lawyer can help you understand your rights and obligations on child support, including the enforcement process, potential penalties for arrears, and how to navigate court proceedings. Reach out to a Washington family law attorney in your area today.

Was this helpful?