In Michigan, motions for Orders to Show Cause can be a very effective tool for enforcement of everything from property awards to parenting time. Understanding what they are and how to use them, or defend against them, is critical to making sure you and your former spouse each get the full benefit of the orders entered in your case.

What is an Order to Show Cause?

An “Order to Show Cause” is an order issued by the Michigan courts requiring a party to the case to appear in court and explain why he or she should not be held in contempt for violating an earlier court order. They are issued after a party, or sometimes the Friend of the Court, files a motion asserting a violation has occurred.

In the family law context, motions for show cause are often used to enforce a Judgment of Divorce, child custody order, or uniform child support order. They can also be filed while the case is ongoing if a party has violated a temporary order controlling custody, parenting time, child support, or maintaining the financial status quo.  

The Consequences of a Contempt of Court Finding

“Contempt of Court” means you have been formally found to have violated a court order. There are two different types of contempt, both of which apply family law cases:

• Civil Contempt is used to force future compliance with a court order, usually by jailing the non-compliant party until he or she does what the Court ordered. The Court may also order the offending party to pay the other party's attorney fees and costs related to the motion or the misconduct.
• Criminal Contempt is punishment for a past violation of a court order. The Court can impose fines of up to $100 or $500, depending on the nature of the violation, as well as up to 30 days in jail per violation. There are no attorney fee awards in criminal contempt proceedings.

Where there is a pattern of non-performance, a family court judge may find multiple violations and impose fines, fees, or other punishments for each one.

When to File a Motion to Show Cause

Motions for show cause can be used in many ways during and after a divorce or child custody action.

Enforcing Temporary Orders and Status-Quo Orders

A motion for order to show cause may be filed if you or your spouse violate the temporary orders that control your case while it is pending. Often, Michigan family courts will enter orders at the outset of the case:

• Setting child custody and parenting time
• Preserving the parties' property against concealment, transfer, sale, or destruction
• Directing how marital expenses will be paid
• Awarding exclusive use of the marital home or vehicles
• Ordering child support for the children's care

If these orders are violated, you can file a motion to show cause to enforce the Court's decision.

Enforcing Property Provisions of Your Judgment of Divorce

In the months immediately following the entry of your Judgment of Divorce, you may need an order to show cause to force your spouse to do the things he or she was ordered to do to divide up your property, such as:

• Refinance the mortgage
• List the marital home for sale
• Execute Qualified Domestic Relations Orders transferring retirement benefits
• Pay equalization payments
• Pay off marital debts

Filing a motion for civil contempt can be an effective way to make your spouse sign necessary paperwork or pay you your fair and equitable share of the marital estate.

Friend of the Court Show Cause Motions for Non-Support

The Friend of the Court has the authority to file motions for show cause if a party falls behind on his or her child support or spousal support payments. These motions can happen without the recipient party requesting them, though sometimes they are not filed as quickly as recipients would like.

Parenting Time Enforcement Proceedings

One of the most common reasons to file a motion for order to show cause is because your co-parent has denied you parenting time. You can file parenting time denials with the Friend of the Court as well, but often, it will take a motion for show cause to change a parent's behavior. In these cases, it is best to establish a pattern of conduct, rather than filing a new motion every time a parenting exchange is missed.  

Common Defenses to Show Cause Motions

The “show cause” part of an Order to Show Cause means the allegedly offending party can raise defenses to the claim of contempt. Contempt only applies if the violation was willful. If you are facing contempt charges, you may be able to raise one of several defenses:

• False Allegations: If you believe the claims against you are untrue, you will need to demonstrate that you did not violate the court order through testimony or admissible evidence at the show cause hearing.
• Impossibility: If you are truly unable to do what you have been ordered to do (such as if you have been turned down for financing), you may avoid contempt findings. You should still expect the Court to find a different way to enforce or adjust the order.
• Ambiguity: Sometimes the wording of a Judgment or Order can cause parties to interpret the language differently or leave questions about how it applies to a specific situation. If so, the Court can clarify the order, rather than imposing sanctions.
• Change of Circumstances: Many parties will try to raise a defense that circumstances have changed since the order was entered that justified their non-compliance. While this may be a basis to file a motion to modify the judgment, it is not actually a defense to contempt charges.

Get Help Enforcing Your Judgment Through Show Cause Proceedings from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you file or defend against a Motion for Show Cause and contempt proceedings, ensuring you receive what the Court has awarded you. Call us at 248-651-4114 or contact us here to speak to an attorney.