What is a Show Cause Order in NC? Monroe NC Lawyer

What is a Show Cause Order in NC?

5/7/2015

A Show Cause Order is a directive to appear in Court and prove why one should not be held in either civil or criminal contempt of Court. The most frequent reason for the issuance of a Show Cause Order involves allegations of failure to comply with a Court Order. The focus of this blog article will be on Family Law issues such as child support and alimony. Failure to appear in Court for a Show Cause hearing will likely result in an Order for arrest, so attendance is mandatory.

What are possible reasons for a Show Cause Order?

Failure to pay child support.
Failure to pay alimony.
Failure to comply with custody or visitation directives.
Failure to produce documents required in a Court Order.
Failure to do anything required by a Court Order.

What is the burden of proof for a Order to Show Cause?

If an Order to Show Cause has been signed by a Judge, then the Defendant has the burden of proof to show why he or she should not be held in contempt. If there is simply a Motion to Show Cause and no Order to Show Cause has been issued then the moving party has the burden.

Is there any defense to a Show Cause Order?

To be held in contempt there must be a finding of "willful" contempt. Aside from denying non-compliance with the Court Order the usual defense is that the Defendant does not have the ability to comply with the Order and hence any failure to comply with the Order is not “willful”. This could mean the defendant simply can't afford to pay the required child support amount. Be aware paying zero towards a monthly child support obligation is asking to be held in contempt. Best practice is to pay something every month even if it is only $50 or $100 per month.

If I lost my job and can’t pay child support will I be held in contempt?

It may be a defense if you were laid off due to conditions out of your control, but if you were fired for cause then that is a usually a huge problem for the defendant. If your income has simply declined then you may need to file a motion to modify child support ASAP as the old amount continues to accrue each month until modified by the Court. Also- Judges rarely if every retroactively backdate a child support Order prior to the filing of a motion to modify. In Court, simply stating you can’t afford to pay your other bills and pay child support is usually not a winning argument, especially if you have been paying zero for several months.

What is the difference between civil and criminal contempt?

Criminal contempt is intended to punish past behavior via jail or sanction such as paying attorney fees or fines. Civil contempt is usually intended to make the Defendant obey a Court Order going forward.

What are the grounds for criminal contempt?

There are numerous grounds such as disrupting Court to not complying with conditions of probation, but as discussed earlier the most common reason is “willful” non-compliance with a Court Order.

What is the punishment for criminal contempt?

Under N.C.G.S. 5A-12 a person who commits criminal contempt, whether direct or indirect, is subject to censure, imprisonment up to 30 days, a fine not to exceed $500.00, or any combination of the three.

What are the grounds for civil contempt?

Under N.C.G.S. 5A-21 failure to comply with an order of a court is a continuing civil contempt as long as:

The order remains in force;
The purpose of the order may still be served by compliance with the order;
The noncompliance by the person to whom the order is directed is willful; and
The person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order.

What is the punishment for civil contempt?

Under N.C.G.S. 5A-21(b2) the period of imprisonment for a person found in civil contempt shall not exceed 90 days for the same act of disobedience or refusal to comply with an order of the court. A person who has not purged himself or herself of the contempt within the period of imprisonment imposed by the court under this subsection may be recommitted for one or more successive periods of imprisonment, each not to exceed 90 days. However, the total period of imprisonment for the same act of disobedience or refusal to comply with the order of the court shall not exceed 12 months.

Can I ask for a Court appointed lawyer for contempt charges?

If you are facing imprisonment and cannot afford an attorney you may be entitled to a Court appointed attorney upon the Court finding you cannot afford private counsel. Generally speaking, you should never waive your right to court appointed counsel until you retain a lawyer.

* The Forms provided below are for illustrative purposes only. They should not be relied upon or filed with the Court. Please seek legal counsel before filing anything with the Court.

Motion and Order to Show Cause.pdf
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12 Comments

Brian Javins

7/26/2018 12:45:35 pm

Good article! If I file a show cause and the defendant does not show up in court, to set a hearing date and notice has been served. What can I file for defendant not showing up when it was mandatory?

Jason Witt

7/26/2018 12:56:18 pm

Did this actually happen and the judge didn't do anything?

Chanda Spates

12/20/2018 06:54:08 am

Can a show cause order require the defendant to show the reason for termination of prior jobs? My ex husband quite or gets fired for cause each time child support court is near. He had falsified pay stubs related to the last request for modification of child support but the paystub were received from his employer directly which was different for the exact same pay period. The child support was then increased going forward but not retroactive. Child support even tried to give him a court appointed lawyer because compared to me they felt that he was inadvertently represented. He was not facing jail time
Just a review for increase in child support. I feel
Like I’m not getting help for child support enforcement my case worker even told me that
I should be grateful for the amount I was getting because some women only get $50 per month.
He quit a job 4 days after served for child support court. They then based child support on his 2md job for $10 per hour the job he quit was $45,000 a year. He has done this type of thing 3 times! What can I do?

Jason Witt

12/20/2018 10:25:21 am

If he quit a job right before court a judge can impute his old income in the child support calculation. Sounds like you need to meet with a local attorney to find out if the problem is child support enforcement not pressing the issue or your local judges.

Joan

12/26/2018 09:57:00 am

If I am attempting to obtain a show cause hearing in response to a time enlargement request and to show the need for the defendant to pay attorney fees prior to court how do I file a show cause hearing. Additionally, the plaintiff did not per the court order provide the documents neccessary for the defendant to obtain medical insurance.
How to I pro-se handle this show cause request from a-z. The show cause requests in motions all reference child support.

Jason Witt

12/26/2018 10:59:05 am

Procedures vary greatly by county- you would need to consult a local attorney for specific guidance.

Eric murdock

6/14/2019 04:25:38 pm

I was just served papers for order to show cause This is the first time I have been sever papers but they said I been on child support for six months but I have a job in not trying to go jail over something I didn’t know about till now what should I bring when I go in two weeks?

Jason Witt

6/14/2019 06:47:21 pm

First thing to do is find out when and how you were served with the original lawsuit for child support. If there was not proper service you may be able to set aside the child support order.

Pat Clow

10/8/2020 09:37:43 am

How many missed alimony paments do you have to have to file a show cause order?

Jason Witt

10/8/2020 10:34:35 am

Even 1 violation of a court order is grounds for a Show Cause.

Donyelle

1/27/2021 06:21:56 pm

I am facing an order of contempt for not being able to refinance or sell my house in time to comply with my divorce agreement. I can prove many times over that I tried but I cannot afford an attorney and a public defender won't help me because it's a family court case. What are my options?

Jason Witt

1/27/2021 08:45:12 pm

If you are facing actual jail then you should be able to ask for a court appointed attorney. If you are not facing jail then you may be forced to represent yourself if you cannot afford to hire your own attorney.

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