Arrears are the unpaid portion of a court-ordered child support obligation. Once a payment becomes due and is not paid, it can become a judgment by operation of law. This means the amount owed does not simply disappear and can be enforced through various legal mechanisms, often with interest accruing over time.
Filing a Motion to Enforce
One option for addressing arrears is filing a motion to enforce the existing child support order. This asks the court to require compliance with the order and may result in a judgment for payment of past-due amounts. Enforcement motions are often used when there is a clear record of missed payments and the goal is to bring the paying parent back into compliance – often with interest.
Filing a Motion for Contempt
In more serious or ongoing situations, a motion for contempt may be appropriate. Contempt actions allege that a parent has willfully failed to follow a court order. If the court finds contempt, it may require compliance and interest along with fines, attorney’s fees, or other sanctions designed to compel compliance. Having a contempt finding against you can be serious, which is why the burden is more difficult to prove.
Working with the Washington State Department of Child Support (DCS)
Another avenue is working through the Washington State Department of Child Support (DCS). DCS has administrative tools to collect child support, including wage garnishment, interception of tax refunds, suspension of licenses, and other enforcement actions. Submitting your case to DCS can be particularly helpful if you prefer an administrative process rather than returning to court – though it takes some of the control out of your own hands.
Choosing the Right Approach
The best option depends on the specifics of your case, including the amount of arrears, the other parent’s financial situation, and whether prior enforcement efforts have been successful. In some cases, a combination of court action and DCS involvement may be appropriate.
What If You Owe Child Support Arrears?
If you are behind on child support, it is important to address the issue proactively. Ignoring arrears can lead to enforcement actions, increased debt due to interest, and potential court consequences. If your financial circumstances have changed, you may be able to seek a modification or adjustment of your ongoing support obligation, but this does not eliminate arrears that have already accrued.
Communicating with the other parent, working with DCS, or setting up a payment plan through the court can help demonstrate good faith and may reduce the likelihood of more severe enforcement measures.
Child support arrears are a serious issue, but Washington provides multiple paths to address them, whether you are seeking payment or working to resolve outstanding obligations. Taking timely and informed action is key to protecting your financial stability and complying with court orders. At Magnuson Lowell, P.S., we assist clients with child support enforcement, defense of contempt actions, and modification of support orders. We offer free telephone case evaluations to discuss your situation and help you determine the best path forward.
