Superior Court
Outline for Contempt (Skagit County)
Use this outline if you have a Child Support Order, Parenting Plan, Restraining Order or Maintenance Order signed by a Judge or Commissioner and the other party is not complying with that Order. There is no filing fee for bringing a Contempt action if the original order that is being violated was entered in the Skagit County Superior Court.Obtain the necessary forms listed in this outline. The Skagit County Superior Court Clerk sells a packet for Contempt which includes the necessary state and local forms. You may also download standard forms for free at the state courts web site: www.courts.wa.gov/forms . Skagit County Local Court Rules and some local forms are available for purchase at the courthouse or can be downloaded here.
If you need assistance with understanding forms or procedures, the Family Law Facilitator can review forms that you have prepared yourself, answer questions, or help you with procedures. The Family Law Facilitator cannot give legal advice. The Family Law Facilitator does not represent you and may also assist the other party or parties in your case. There is a $20 fee per 30 minute appointment. To see a Family Law Facilitator you must make an appointment by calling (360) 336- 9440 or (360) 416-1200.
Fill out the Motion/Declaration for an Order to Show Cause re Contempt (WPF DRPSCU 05.0100). Your caption and case number should be the same as your original case. In the Contempt action you are the “requesting party”. In the Motion explain in detail what type of order is being violated and how that order is being violated. If you are claiming that money is not being paid to you as ordered, then describe in detail the dates of the missed payments and the amount owed. If you are claiming that visits are not occurring as ordered, then detail the specific dates and circumstances of each incident. Also explain what you want to court to give you as a remedy for the violation. If you have additional evidence you can attach it to your Motion and if you have other people who have relevant information on the contempt issue, then have each of those people fill out a Declaration (WPF DRPSCU 01.0100). Make two copies of your Motion and any Declarations.
Fill in the caption only of the Order to Show Cause re Contempt (WPF DRPSCU 05.0150) and sign that document.
Turn in your Motion, Order to Show Cause re Contempt and any Declarations to the Clerk’s office between 8:30am and 12:30pm let them know you are appearing on the ExParte Calendar. At 1:15pm go to the Courtroom where the ExParte Calendar is being heard and wait for your case to be called. The Judge or Commissioner may ask you some questions before deciding whether or not to sign your Order to Show Cause re Contempt which sets a second hearing on the Contempt action.
If the Judge/Commissioner signs your Order to Show Cause re Contempt, then get two copies of that Order and have the other party personally served with the Motion, any Declarations, and the Order to Show Cause re Contempt. You cannot serve the documents yourself. Have someone over 18 serve the copies to the other party by handing them to the other party. Have the person who serves the documents fill out and sign a Return of Service (WPF DRPSCU 01.0250). Make a copy of the Return of Service and file the original. Note that the local court rule requires that the other party have 9 court days notice of the hearing.
Go to the second hearing with an Order on Show Cause re Contempt/Judgment (WPF DRPSCU 05.0200). At the hearing the Judge/Commissioner will decide whether the other party is in Contempt and what remedy to award. The Court can also choose to set a Review Hearing. If the other party did not appear in Court, then you will be responsible for having the other party served with a copy of the Order on Show Cause re Contempt/Judgment.
Helpful Phone Numbers and Websites
Phone Numbers:
Skagit County Superior Court Clerk’s Office (360) 416-1800
Skagit County Superior Court Administration (360) 416-1200
Skagit County Family Law Facilitators (360) 336-9469
Skagit County Law Library (360) 416-1290
Volunteer Lawyer Program of Skagit County (360) 416-7585
CLEAR line for a referral to the VLP (888) 201-1014
“Children in the Middle” Required Parenting Seminar (360) 856-3054
State Prosecuting Attorney – Family Support Division (360) 416-1161
Websites
www.courts.wa.gov/forms to download standard family law forms
www.washingtonlawhelp.org for general information on a variety of legal topics
www.nwjustice.org for general information and resources
www.dshs.wa.gov/dcs Washington Division of Child Support (forms and information)
This list of instructions is not a substitute for legal advice. Before starting any legal action, it is always wise to consult an attorney regarding your rights and responsibilities. Many attorneys offer consultations. Your specific situation may require additional forms and procedures which may not be listed on this outline. The Family Law Facilitator and the Clerk’s Office cannot give legal advice. Only an attorney can give legal advice.