What is a Show Cause Hearing During a Florida Divorce?

In a Florida divorce case that makes its way in front of a judge, the judge can order either party to explicitly do something or refrain from doing something. If one party fails to comply with this court order, the other party (the movant) can ask the judge to force the other party (the respondent) to explain why they failed to follow the court’s instructions. Such actions in a divorce case are generally related to child support, time-sharing, or property division. The respondent is basically being asked to “show cause” for why they should not be held in contempt of court.

What happens during a show cause hearing?

The court must have issued a specific order, such as a status quo order that directs one or both parties to do something specific or avoid doing something specific. If one party believes that the other party has violated the court order, they can seek to enforce the order by filing a “motion to show cause” with the court. Once the order is issued, the judge will decide on the merit of the motion, forcing the other party to show cause. A show cause hearing is then scheduled for the respondent to explain themselves. The respondent will then have a chance to explain why they haven’t complied with the order to the judge. Both parties can present evidence during this hearing. Ultimately, the judge will render a decision based on the evidence presented by both parties during the hearing.

What are the possible outcomes of a show cause hearing? 

• Order to comply – The judge can order the respondent to comply with the court’s wishes.

• Fines – The respondent could be ordered to pay a fine.

• Jail – If the violation was intentional and serious, the respondent could be sentenced to jail time for failing to follow the court order.

• Modification – The judge might see fit to modify the court order if the respondent tried in good faith to obey it, and couldn’t.

Why might a show cause hearing be required? 

• Selling assets from the marital estate – The court could order both parties not to sell assets from the marital estate or take on any new debt during the divorce proceedings. If one party violates the order, a show cause hearing may be required to determine why.

• Domestic violence – The court might put an order in place to prevent one party from contacting or being near the other party due to ongoing abuse in the home. If the respondent violates this order, the court will ask why and likely impose sanctions.
• Enforcing time-sharing agreements – If one parent violates a time-sharing agreement by refusing to provide the children to the other parent, the court will ask why. If they can’t come up with a good reason, the court could modify the existing custody agreement in favor of the movant.

Talk to a Tampa, FL, Divorce Lawyer Today

Westchase Law, P.A., represents the interests of Tampa residents during their divorce. Call our office today to schedule an appointment, and we can begin discussing your goals right away.