What is a motion for contempt called in Washington?

A Motion for Contempt Hearing, filed on mandatory statewide form FL All Family 165. It is paired with a second mandatory form, FL All Family 166, the Order to Go to Court for Contempt Hearing, which the judge signs to set the hearing date. Both forms cover child support, spousal maintenance, parenting-plan, restraining-order, and other order violations on one packet.

Does Washington require a specific form for a contempt motion?

Yes. FL All Family 165 and FL All Family 166 are both mandatory statewide forms, currently Rev. 05/2016. The court's own version of these forms controls, so use the current forms from the court rather than a substitute.

How much notice does the other parent get before a Washington contempt hearing?

The judge sets the hearing date on the Order to Go to Court, which is often signed ex parte, and papers must be served by that deadline and any county local rule. Superior Court Civil Rule 6(d)'s 5-day notice rule for motions not heard ex parte is only a default that yields to the court's order.

Can a Washington parent go to jail for contempt of a parenting plan?

Jail is not automatic and is never the filer's choice; the court alone decides. If it finds parenting-plan contempt, it may jail the noncomplying parent only until that parent agrees to comply, and never for more than 180 days.

What if I could not afford to pay child support in Washington?

An obligor who claims inability to pay a support or maintenance order must show due diligence, such as seeking employment, conserving assets, or otherwise trying to become able to comply, to raise that as a defense (RCW 26.18.050(4)).

Will a Washington court order make-up parenting time for missed visitation?

Yes, and it is mandatory once the court finds parenting-plan contempt. The court must order additional time equal to what was missed, and that make-up time doubles to twice the missed time if the same parent violates the plan again within 3 years.

Can filing a Washington contempt motion backfire if I do not have a good reason?

Yes, for parenting-plan motions. If the court finds the motion was brought without a reasonable basis, it must order the filer to pay the other side's costs, reasonable attorney's fees, and a civil penalty of at least $100.

Washington Motion for Contempt

Q: Is there another way to enforce a Washington child support order besides filing for contempt?

Yes. The Washington State Division of Child Support, part of the Department of Social and Health Services, can pursue wage withholding and other administrative collection tools without a contempt motion.

One mandatory two-form packet covers child support, spousal maintenance, parenting-plan, and restraining-order violations alike, and a parenting-plan contempt finding triggers mandatory make-up parenting time and civil penalties, not just a discretionary award.

Find out where you stand in Washington

What court order is not being followed?

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Introduction

Washington enforces a family court order through a Motion for Contempt Hearing on the state's mandatory form, FL All Family 165, paired with a second mandatory form, FL All Family 166, the Order to Go to Court for Contempt Hearing, also called an Order to Show Cause, both revised 05/2016. The same two-form packet is used whether the violation is child support, spousal maintenance, a parenting plan or residential schedule, a restraining order, or another order; parenting-plan contempt is governed by RCW 26.09.160, and support or maintenance contempt is governed by RCW 26.18.050 together with the general civil contempt chapter, RCW 7.21. Once you file FL 165, a judge signs FL 166, usually without a hearing, setting the date the other parent must appear. Both the motion and the signed order must then be personally served on the other party by someone other than you, by the deadline the court sets and your county's local rules require. Superior Court Civil Rule 6(d)'s 5-day notice rule for motions not heard ex parte is only a default, because the Order to Go to Court is usually signed ex parte and sets its own date. For a parenting-plan violation, the court must find, after a hearing, that the other parent acted in bad faith in not complying. In making that decision, that parent is presumed to have had the present ability to comply and must disprove it, and prove any excuse, by a preponderance of the evidence. A support or maintenance obligor who claims an inability to pay must instead show due diligence, such as looking for work or conserving assets. If the court finds contempt of a parenting plan, it may jail the noncomplying parent until compliance, but never for more than 180 days, and it must also order make-up parenting time equal to what was missed, doubling to twice the missed time on a second violation within 3 years, plus a civil penalty of at least $100 on a first finding and at least $250 on a second finding within 3 years, and it must order that parent to pay your costs and attorney's fees. Support or maintenance contempt under chapter 7.21 RCW carries no statutory day cap on jail, only the limit that confinement may last no longer than it serves to coerce compliance, and the court may instead impose a forfeiture of up to $2,000 for each day the contempt continues. Filing without a good reason can backfire: a parent who brings a parenting-plan contempt motion without a reasonable basis must pay the other side's costs, fees, and a civil penalty of at least $100. None of this is automatic, and jail is never a choice the filer makes; the court alone decides whether contempt occurred and what, if anything, follows. Do not stop paying child support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be treated as contempt. For child support specifically, the Washington State Division of Child Support within the Department of Social and Health Services can pursue wage withholding and other collection tools without a contempt motion. This page does not cover asking the court to change the support amount or the residential schedule; use DocDraft's child support modification and parenting plan pages for that. If there is domestic violence or another safety risk, use DocDraft's getting a restraining order guide rather than confronting the other parent yourself. Attorney review is available before you file.

Key Things to Know

1
Washington calls this a Motion for Contempt Hearing, filed on mandatory form FL All Family 165, paired with mandatory form FL All Family 166, the Order to Go to Court for Contempt Hearing (Order to Show Cause). Both are Rev. 05/2016 and the same packet covers child support, spousal maintenance, parenting-plan, restraining-order, and other order violations.
2
Both the motion and the signed Order to Go to Court must be personally served on the other party by someone other than you. The judge sets the hearing date on the Order to Go to Court, usually ex parte, and county local rules may require more notice; Superior Court Civil Rule 6(d)'s 5-day rule for motions not heard ex parte is only a default.
3
For a parenting-plan violation, the court must find after a hearing that the other parent did not comply in bad faith. That parent is presumed by law to have had the present ability to comply and must disprove that, and prove any excuse, by a preponderance of the evidence (RCW 26.09.160(2)(b), (4)).
4
For a support or maintenance violation, an obligor who claims inability to pay must show due diligence, such as seeking employment or conserving assets, to raise that as a defense (RCW 26.18.050(4)).
5
If the court finds parenting-plan contempt, jail lasts only until the parent complies and cannot exceed 180 days; the court must also order make-up parenting time equal to the time missed, doubling on a second violation within 3 years, plus a civil penalty of at least $100 on a first finding and at least $250 on a second (RCW 26.09.160(2)-(3)).
6
Support or maintenance contempt under chapter 7.21 RCW has no statutory day cap on jail, only that confinement may last no longer than it serves to coerce compliance, and the court may instead impose a forfeiture of up to $2,000 for each day the contempt continues (RCW 7.21.030(2)).
7
Do not stop paying child support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. The Washington State Division of Child Support can pursue wage withholding without a contempt motion, and a parenting-plan motion filed without a reasonable basis can require the filer to pay the other side's costs, fees, and a civil penalty.

Key decisions before you file

Before you file a Motion for Contempt in Washington, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.

Open the Motion for Contempt guide

Customize your Motion for Contempt Template with DocDraft

SUPERIOR COURT OF WASHINGTON COUNTY OF [COUNTY]

In re the [MARRIAGE, DOMESTIC PARTNERSHIP, OR PARENTAGE] of:

[PETITIONER NAME], Petitioner,

and

[RESPONDENT NAME], Respondent.

NO. [CAUSE NUMBER]

MOTION FOR CONTEMPT HEARING

Washington requires this motion to be filed on the mandatory statewide form, FL All Family 165, paired with mandatory form FL All Family 166, the Order to Go to Court for Contempt Hearing. The court's own form controls; this draft tracks the information that form requires.

ORDER VIOLATED

On [DATE THE ORDER WAS SIGNED], the court signed a [CHILD SUPPORT ORDER, PARENTING PLAN, ORDER OF CHILD SUPPORT AND MAINTENANCE, RESTRAINING ORDER, OR OTHER ORDER] in [COUNTY] County, Washington, requiring [RESPONDENT NAME] to [DESCRIPTION OF THE PROVISION VIOLATED, SUCH AS PAY A STATED MONTHLY AMOUNT OF CHILD SUPPORT OR FOLLOW THE RESIDENTIAL SCHEDULE].

HOW THE ORDER WAS DISOBEYED

[RESPONDENT NAME] has not complied with the order as follows: a. [DATE OF VIOLATION]: [DESCRIPTION OF THE FAILURE TO COMPLY, INCLUDING ANY AMOUNT UNPAID] b. [DATE OF VIOLATION]: [DESCRIPTION OF THE FAILURE TO COMPLY] c. [DATE OF VIOLATION]: [DESCRIPTION OF THE FAILURE TO COMPLY, INCLUDING ANY AMOUNT UNPAID]

As of [DATE OF THIS MOTION], the unpaid amount is [DOLLAR AMOUNT], covering [START DATE] through [END DATE], plus interest from [INTEREST START DATE].

RELIEF REQUESTED

I ask the court to: a. issue an Order to Go to Court for Contempt Hearing directing [RESPONDENT NAME] to appear and show cause why [RESPONDENT NAME] should not be held in contempt; b. find [RESPONDENT NAME] in contempt of the order described above; c. enter a money judgment for the unpaid amount stated above, with interest; d. order a civil penalty as allowed by law; e. order [RESPONDENT NAME] to pay my costs and reasonable attorney's fees; f. for a parenting-plan violation, order make-up parenting time equal to the time missed; g. set the conditions [RESPONDENT NAME] must meet to comply with the order; and h. grant any other relief the court finds just.

DECLARATION

I declare under penalty of perjury under the laws of the State of Washington that the facts I have provided in this motion are true.

Dated: [DATE]

[SIGNATURE] [PETITIONER NAME] [ADDRESS] [CITY, WASHINGTON ZIP] [PHONE] [EMAIL]

INSTRUCTIONS FOR SERVICE

This motion and the signed Order to Go to Court for Contempt Hearing must be personally served on [RESPONDENT NAME] by someone other than [PETITIONER NAME], on the schedule the court sets and any local court rule on notice requires.

Washington Requirements for Motion for Contempt

Mandatory FL 165 and FL 166 Form Packet
Washington requires a Motion for Contempt Hearing to be filed on mandatory statewide form FL All Family 165, paired with mandatory form FL All Family 166, the Order to Go to Court for Contempt Hearing, both Rev. 05/2016, covering child support, spousal maintenance, parenting-plan, restraining-order, and other order violations.
Personal Service of the Motion and Signed Order
Both the motion and the signed Order to Go to Court must be personally served on the other party by someone other than the moving party.
Court-Set Hearing Date and Notice
The judge sets the hearing date on the Order to Go to Court, usually ex parte, and county local rules may require more notice. Superior Court Civil Rule 6(d)'s 5-day rule for motions not heard ex parte is only a default that yields to the court's order.
Bad Faith and Presumed Ability to Comply for Parenting-Plan Violations
For a parenting-plan violation, the court must find after a hearing that the other parent did not comply in bad faith; that parent is presumed to have had the present ability to comply and must disprove that, and prove any excuse, by a preponderance of the evidence (RCW 26.09.160(2)(b), (4)).
Due-Diligence Defense for Support or Maintenance Arrears
An obligor claiming inability to pay a support or maintenance order must establish due diligence in seeking employment, conserving assets, or otherwise rendering himself or herself able to comply (RCW 26.18.050(4)).
180-Day Jail Cap and Mandatory Make-Up Parenting Time
Parenting-plan contempt jail lasts only until the parent complies and cannot exceed 180 days. The court must also order make-up parenting time equal to the time missed, doubling to twice the missed time on a second violation within 3 years (RCW 26.09.160(2)-(3)).
Escalating Civil Penalty Floors
On a parenting-plan contempt finding, the court must impose a civil penalty of not less than $100 on a first finding and not less than $250 on a second finding within 3 years; these are floors, not caps (RCW 26.09.160(2)-(3)).
Uncapped Coercive Jail and Daily Forfeiture for Support Contempt
Support or maintenance contempt under chapter 7.21 RCW carries no statutory day cap on jail, limited only to as long as it serves a coercive purpose, and the court may instead impose a forfeiture of up to $2,000 for each day the contempt continues (RCW 7.21.030(2)).
Anti-Abuse Fee-Shift for Motions Without Reasonable Basis
If a parenting-plan contempt motion was brought without reasonable basis, the court must order the moving party to pay the nonmoving party's costs, reasonable attorney's fees, and a civil penalty of not less than $100 (RCW 26.09.160(7)).

Find out where you stand in Washington

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Washington Requirements for Motion for Contempt

Mandatory FL 165 and FL 166 Form Packet

Personal Service of the Motion and Signed Order

Court-Set Hearing Date and Notice

Bad Faith and Presumed Ability to Comply for Parenting-Plan Violations

Due-Diligence Defense for Support or Maintenance Arrears

180-Day Jail Cap and Mandatory Make-Up Parenting Time

Escalating Civil Penalty Floors

Uncapped Coercive Jail and Daily Forfeiture for Support Contempt

Anti-Abuse Fee-Shift for Motions Without Reasonable Basis

Frequently Asked Questions