6 Simple Legal Options for When Your Ex Does Not Comply With Your Divorce Decree

By Chris Torrone, Founding Attorney, Melvin & Torrone, PLLP

When your ex does not comply a court order from your divorce decree, you can file a motion for contempt of court, request wage garnishment for unpaid child support, place liens on property, seek makeup parenting time, or even push for jail time in serious cases. I’ve spent 20 years helping people in Pierce County force their ex-spouses to follow family court orders, and I can tell you this: most people wait way too long to take action.

Your divorce agreement isn’t a suggestion. It’s legally binding, and you have real options to enforce it right now.

Torrone’s Takeaways

• Document every violation immediately with dates, times, and saved messages before your ex establishes a pattern courts might excuse

• Only 45.9% of custodial parents receive full child support owed, so you’re not alone in dealing with non-compliance

• Motion for contempt carries real teeth in Washington, with fines up to $5,000 and jail time up to one year for criminal contempt

• Automatic wage garnishment collects 70% of all child support nationally because it works before your ex touches their paycheck

• License suspension motivates compliance faster than anything else since your ex literally cannot work without their professional or driver’s license

• File modification petitions before your ex files contempt against you when circumstances genuinely change and make compliance impossible

• Don’t wait months hoping things improve, take legal action now while you still have leverage and before judges question why you tolerated violations

Table of Contents

• Stop Letting Your Ex Ignore Court Orders Without Consequences
• 1. File a Motion for Contempt to Hold Your Ex Legally Accountable
• 2. Use Wage Garnishment to Get Unpaid Support Automatically
• 3. Seize Assets Through Property Liens and Bank Account Levies
• 4. Request Makeup Time When Custody Violations Hurt Your Children
• 5. Modify the Decree When Circumstances Make the Original Order Impossible
• 6. Suspend Professional Licenses and Revoke Driver’s Licenses
• Get Expert Help from Tacoma’s Most Aggressive Divorce Enforcement Team
• Frequently Asked Questions
• Conclusion

Stop Letting Your Ex Ignore Court Orders Without Consequences

What Non-Compliance Actually Looks Like in Pierce County

Your ex misses child support payments for three months straight. They show up two hours late for custody exchanges or skip weekends entirely. They refuse to refinance the house or transfer the car title like the divorce decree ordered. These aren’t minor inconveniences. They’re violations of a legally binding court order.

Why Most People Wait Too Long to Take Action

Most people tell themselves it’ll get better next month. You don’t want to rock the boat or make things worse with your ex. But here’s what I’ve seen after two decades of family law practice: only 45.9% of custodial parents actually receive the full child support owed to them. The other half? They wait, hope, and lose thousands of dollars they’ll never recover.

Maria, a 34-year-old teacher from Puyallup, waited eight months before calling us. Her ex owed $12,000 in unpaid spousal support and kept “forgetting” to pay. By the time she filed a contempt motion, he’d drained his bank account and transferred assets to his new girlfriend. We still won, but recovery took another six months. Don’t be Maria.

The Cost of Doing Nothing About Violations

Every month you wait costs you money, time with your kids, and leverage in family court. Judges notice when you tolerate violations for months without taking legal action. It signals that maybe the order wasn’t that important after all. Document every violation immediately and consult with a family law attorney before your ex establishes a pattern the court might excuse.

Table: Washington State Divorce Decree Enforcement Options Comparison

Enforcement Method	Best Used For	How Long It Takes	Court Approval Needed	Your Ex’s Consequences
Motion for Contempt	Any violation of divorce decree	30-60 days	Yes	Fines up to $5,000, jail time up to 1 year, attorney’s fees
Automatic Wage Garnishment	Unpaid child support or spousal support	2-4 weeks	Yes (initial order)	Money taken directly from paycheck every pay period
Bank Account Levy	Large unpaid support arrears	14-30 days	Yes	Entire account frozen, funds seized to pay arrears
Property Lien	Unpaid support or refused property transfer	7-14 days to file	Yes	Cannot sell or refinance property until lien satisfied
License Suspension	6+ months behind on support	60-90 days with warnings	No (administrative action)	Cannot drive or work in licensed profession until compliance
Makeup Parenting Time	Missed custody visits	30-45 days	Yes	Must give up equal time from their future parenting schedule
Tax Refund Intercept	Ongoing support arrears	Automatic (next tax season)	No (DCS handles automatically)	State and federal refunds seized until arrears paid

1. File a Motion for Contempt to Hold Your Ex Legally Accountable

How Washington RCW 26.09.160 Gives You Power to Enforce Orders

Washington law hands you a powerful tool through RCW 26.09.160. This statute lets you file a motion for contempt of court when your ex violates any part of your divorce decree. The court can enforce child custody arrangements, spousal support payments, property division orders, and basically anything in your divorce agreement. You don’t need to prove your ex meant to violate the order, just that they actually did it.

What Penalties Your Ex Actually Faces (Fines Start at $100 Minimum)

Under Washington RCW 7.21.030, criminal contempt can result in up to one year in jail and fines up to $5,000 per offense. For civil contempt, courts impose daily fines up to $2,000 per day until compliance. I’ve seen family law judges in Pierce County order attorney’s fees, makeup parenting time, and monetary sanctions all in one contempt proceeding. The penalties get serious fast.

When Jail Time Becomes a Real Possibility for Repeat Offenders

A 41-year-old contractor from Tacoma ignored three contempt orders before the judge finally had enough. He owed $28,000 in back child support and kept claiming business problems. After the third violation, the family law judge sentenced him to 30 days in jail. He paid the full amount within 48 hours of hearing “bailiff, take him into custody.” Jail time focuses the mind wonderfully, especially for repeat offenders who think court orders are suggestions.

Criminal contempt becomes likely when your ex:

• Repeatedly violates the same court order after prior warnings

• Shows willful disregard for custody orders that harm your children

• Refuses to pay support despite having clear financial ability

• Ignores multiple enforcement attempts through civil contempt motions

2. Use Wage Garnishment to Get Unpaid Support Automatically

How Washington’s Automatic Income Withholding Works Under RCW 26.23.050

Washington law requires automatic wage garnishment for all child support orders under RCW 26.23.050. The Division of Child Support sends a wage assignment order directly to your ex’s employer within days of establishing support. In FY 2023, 70% of all child support collections nationally came through income withholding because it works. Your ex’s paycheck gets intercepted before they can spend it or hide it.

Getting Money Directly from Your Ex’s Paycheck Before They Touch It

A dental hygienist in her late twenties from Gig Harbor finally got consistent payments after two years of excuses. Her ex worked construction and always claimed he’d “pay next week” when cash flow improved. We filed for automatic wage garnishment through his employer. Now she receives child support payments every single payday without asking, begging, or filing contempt motions. The money hits her bank account like clockwork.

What Happens When Your Ex Changes Jobs or Becomes Self-Employed

When your ex switches employers, Washington’s Division of Child Support tracks them through new hire reporting and unemployment insurance databases. The wage assignment transfers automatically to the new employer within weeks. Self-employment makes enforcement harder but not impossible. We can pursue bank account levies, intercept tax refunds, and place liens on business assets or real estate your ex owns.

3. Seize Assets Through Property Liens and Bank Account Levies

How to Place a Lien on Real Estate Your Ex Refuses to Transfer

Under RCW 26.18.070, Washington courts authorize liens on real estate when your ex owes unpaid support or refuses property distribution ordered in your divorce decree. We file the lien with the county recorder’s office in Pierce County, and it attaches to any property your ex owns. They can’t sell, refinance, or transfer that real estate without paying you first. The lien stays there until they comply or the property gets foreclosed.

Freezing and Taking Money Directly from Bank Accounts

A software engineer in his mid-thirties from Federal Way owed his ex $19,000 in back spousal support. He kept claiming poverty but maintained a healthy checking account at a local credit union. We obtained a writ of garnishment and served it on the bank. They froze his account immediately and turned over $12,000 within 30 days. He paid the remaining balance within a week to get his account unfrozen. Bank levies work fast.

Using RCW 26.18.070 to Target Retirement Accounts and Tax Refunds

Washington law lets us go after retirement accounts, 401(k)s, pensions, stocks and bonds, and tax refunds when your ex dodges support enforcement. The Division of Child Support intercepts state and federal tax refunds automatically for overdue child support payments. We can also execute on:

• Individual Retirement Accounts (IRAs)

• 401(k) and pension plans through qualified domestic relations orders

• Workers’ compensation settlements

• Personal injury awards or settlement proceeds

Asset seizure sends a clear message that ignoring court orders has real financial repercussions. Your divorce judgment isn’t optional.

4. Request Makeup Time When Custody Violations Hurt Your Children

How Pierce County Courts Calculate Equal Makeup Parenting Time

Pierce County family court judges award makeup parenting time hour-for-hour when your ex violates custody orders. If your ex skips an entire weekend (48 hours), you get 48 additional hours with your children. The court adds this makeup time to your existing custody and visitation schedule, not your ex’s future parenting time. I’ve seen judges grant entire weeks of makeup time for repeat violations, and they take these custody arrangements seriously because your children deserve consistency.

Getting Reimbursement for Expenses When Your Ex Violates the Plan

A retail manager in her early forties from Lakewood spent $850 on last-minute childcare when her ex failed to show for his scheduled parenting time. She had already arranged time off work and couldn’t leave the kids alone. We filed a motion for enforcement and the family law judge ordered her ex to reimburse every dollar plus her attorney’s fees. The court treated it as contempt of court because he violated their parenting plan without notice or valid excuse.

Documenting Every Missed Visit to Build an Airtight Case

Keep detailed financial records and a written log of every custody violation. Note the date, scheduled time, actual time your ex arrived or if they no-showed, and any excuse they gave. Save text messages, emails, and voicemails about cancelled visits. Take screenshots of unanswered calls. This documentation becomes critical evidence when filing your contempt motion. Judges want facts, dates, and proof, not vague complaints about your ex being unreliable.

Table: Required Documentation for Pierce County Divorce Decree Enforcement

Type of Violation	Documents You Need	What to Record	How Long to Keep Records
Unpaid Child Support	Bank statements, payment history from DCS, copies of checks	Date payment was due, amount owed, amount actually paid (if any)	Minimum 3 years, preferably entire enforcement period
Missed Custody Visits	Text messages, emails, call logs, calendar	Date and time of scheduled visit, whether ex showed up, any excuse given, makeup time requested	Until child turns 18 or enforcement case closes
Spousal Support Violations	Divorce decree, bank statements, payment receipts	Payment due dates, amounts received, gaps in payments, your financial hardship caused	Minimum 3 years from each violation
Property Transfer Refusal	Divorce decree property division section, title documents, appraisals	What property was ordered transferred, deadline in decree, current ownership status	Until property actually transfers or case resolves
Parenting Plan Violations	Parenting plan document, communication records, witness statements	Every deviation from schedule, late pickups/dropoffs, denied phone calls, interference with your time	Until modification or child turns 18
Hidden Assets or Income	Financial disclosure forms from divorce, recent pay stubs, social media posts	New purchases, lifestyle inconsistent with claimed income, business ownership changes	5 years recommended for financial fraud cases

5. Modify the Decree When Circumstances Make the Original Order Impossible

Proving Substantial Change Under Washington Law Without Starting Over

Washington courts require you to prove a substantial change in circumstances has occurred since your divorce judgment. This means significant changes like job loss, serious illness, relocation for work, remarriage affecting finances, or your children’s needs evolving as they age. You’re not redoing the entire divorce. You’re asking the family court to update specific terms in your divorce agreement that no longer make sense given new realities. The legal standard is high but achievable with proper documentation and legal counsel.

When Modification Protects You Better Than Enforcement Actions

Sometimes enforcing an outdated order creates more problems than it solves. If your ex lost their job legitimately and can’t afford current child support payments, enforcement might be futile and expensive. Modification adjusts support to match their actual income, so you get consistent payments instead of chasing arrears forever. I’ve also seen cases where custody modifications better protect children than repeatedly filing contempt motions against a parent whose work schedule permanently changed. Smart legal advice means knowing when to adapt the order rather than fight over an impossible arrangement.

How to Avoid Getting Blamed for Non-Compliance During a Modification

A 38-year-old nurse from Spanaway faced her own contempt motion when she couldn’t follow the visitation schedule after accepting night shifts. Her ex accused her of violating custody orders deliberately. We immediately filed a modification petition showing her work schedule change was involuntary and requesting adjusted parenting time that actually worked for both parents. The family law judge dismissed the contempt proceeding and approved our new custody and visitation schedule. File your modification petition before your ex files contempt against you.

6. Suspend Professional Licenses and Revoke Driver’s Licenses

How Washington DCS Can Pull Your Ex’s License for Unpaid Support

The Washington Division of Child Support can suspend your ex’s driver’s license when they’re at least six months behind on child support payments. The state sends multiple warnings before actually suspending the license, giving your ex chances to pay or enter a payment plan. In 2024, Texas alone suspended 1,091 licenses for child support non-compliance and blocked over 20,000 vehicle registrations. Washington uses similar aggressive support enforcement tactics. Your ex can’t just ignore court orders and keep driving to work like nothing happened.

Suspending Medical, Legal, and Contractor Licenses as Enforcement

Washington also suspends professional and occupational licenses for delinquent child support. This includes licenses for doctors, nurses, lawyers, real estate agents, contractors, cosmetologists, and basically any state-regulated profession. The state notifies the licensing board, and they suspend the license until your ex catches up on payments. I’ve seen this motivate compliance faster than any other enforcement method because your ex literally cannot work in their profession without that license. Losing their ability to earn income gets their attention immediately.

What Your Ex Must Do to Get Their License Back

A licensed electrician in his late twenties from Parkland ignored $14,000 in back child support until the state suspended his contractor’s license. He couldn’t bid on jobs or pull permits anymore. Within three weeks, he contacted the Division of Child Support, paid half the arrears, and set up automatic payments for the rest. The state restored his license after he proved compliance. License suspension works because it directly threatens your ex’s livelihood and forces them into a payment arrangement with real consequences for future violations.

Get Expert Help from Tacoma’s Most Aggressive Divorce Enforcement Team

How Melvin & Torrone PLLP Wins 90% of Divorce Enforcement Cases

We’ve built our reputation on forcing non-compliant ex-spouses to follow court orders. With a 90% success rate in divorce cases and decades of combined experience in Pierce County family court, we know exactly which enforcement tools work fastest. Our founding attorney Chris Torrone has spent over 20 years fighting for families, and we’ve closed over 1,345 cases. Judges know us, opposing attorneys respect us, and your ex will take us seriously.

How We Force Compliance Without You Spending Years in Court

We move fast and hit hard with the right enforcement strategy for your situation. Most of our clients see results within 60 to 90 days because we don’t waste time on tactics that won’t work. We’ll explain your options in plain language during your initial consultation, create a strategic plan, and then execute aggressively. You deserve an attorney who treats your case with urgency, not someone who lets it drag on while your ex keeps violating orders.

Schedule Your Free Consultation to Stop Your Ex’s Violations Now

Call us at (253) 327-1280 or fill out our online form to schedule your free 30-minute consultation. We’ll review your divorce decree, discuss which legal enforcement action makes sense, and give you honest legal advice about your next steps. You’ll talk with an experienced family law attorney who actually cares about getting your life back on track. Our office is located at 950 Pacific Ave, Suite 720, Tacoma. Stop letting your ex ignore court orders. Let’s make them comply.

Frequently Asked Questions

1. How long do I have to wait before filing a contempt motion against my ex for violating our divorce decree?

You don’t have to wait at all. File as soon as your ex violates the court order. The longer you wait, the weaker your case looks to family court judges who expect you to enforce your rights promptly.

2. Can my ex go to jail for not paying child support in Washington State?

Yes, absolutely. Criminal contempt under RCW 7.21.030 allows up to one year in jail for willful non-payment. I’ve seen Pierce County judges order jail time for repeat offenders who ignore multiple warnings and continue violating support orders.

3. What if my ex claims they can’t afford to follow the divorce decree anymore?

That’s their problem to solve through a proper modification petition, not an excuse to stop complying. They need to file for modification and get court approval before changing anything. Until then, the original divorce judgment stands and we can enforce it.

4. How much does it cost to enforce a divorce decree in Pierce County?

Legal fees vary based on complexity, but many enforcement actions recover your attorney’s fees from your ex when you win. We offer a free initial consultation to discuss costs and explain which enforcement options make financial sense for your situation.

5. Will enforcing the divorce decree make my ex angrier and harder to deal with?

Your ex is already violating court orders, so the relationship is already difficult. Enforcement establishes boundaries and consequences. Most people become more compliant after facing real legal repercussions, not less. You deserve respect and compliance.

6. Can I enforce a divorce decree from another state in Washington?

Yes, through the Uniform Interstate Family Support Act. Washington courts recognize and enforce divorce decrees and child support orders from other states. We handle interstate enforcement regularly for clients who relocated to Pierce County after divorcing elsewhere.

7. What happens if I violated the divorce decree first before my ex did?

The family law judge will consider both parties’ compliance history. Your prior violation doesn’t excuse your ex’s current violations, but it weakens your position. We help clients address their own compliance issues while still enforcing the decree against their ex.

Conclusion

Your divorce decree isn’t a suggestion your ex can ignore whenever they feel like it. You have legal options right now to force compliance through contempt motions, wage garnishment, asset seizure, and license suspension. We’ve helped hundreds of Pierce County families enforce court orders and recover what they’re owed. Stop tolerating violations that cost you money and hurt your children.

Call Melvin & Torrone PLLP at (253) 327-1280 or fill out this form now to schedule your free consultation. Let’s create a personalized enforcement plan that actually works.