Legal Question in Family Law in Washington

Re: refusing to pay monthly maintenance that was court ordered

Contempt is available as a remedy. He can ultimately be jailed for refusing to obey a court order.

Oddly enough, even persons who swear up and down that they cannot pay will almost always come up with it when they understand that they will land in jail if they don't.

You are also entitled to attorney fees and costs of the motion, plus pre-judgment interest at 12% for his wilful refusal to comply.

This debt is not dischargable in bankruptcy either, so long as it is for maintenance and not a property settlement.

Hope this helps. Elizabeth Powell

Re: refusing to pay monthly maintenance that was court ordered

The mechanism to enforce the spousal maintenance is a motion to show cause on contempt. The statutory authority is RCW 26.18.050. There are a few other possible courses depending on whether your former spouse is has a child support obligation, if he does the State Support Registry may be able to assist you with this (if there is no child support involved then this is not an option).