What is a show cause hearing in District Court KY?

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Learn why and how to file a motion for an order to show cause in a family law case, and what happens at the court hearing.
Why File a Motion for an Order to Show Cause?
What Happens at the Show Cause Hearing?
Getting Help With an Order to Show Cause
Talk to a Lawyer
What is a show cause hearing in Family court KY?
What does show cause mean in legal terms?
What is a notice to show cause application?
What does show cause deferred installment payment mean in KY?

Learn why and how to file a motion for an order to show cause in a family law case, and what happens at the court hearing.

In family court, a "show cause hearing" goes by many names, depending on the state and county where it takes place. It may also called an "order to show cause," a "motion for an order to show cause," and a "rule to show cause" hearing.

Why File a Motion for an Order to Show Cause?

Spouses or parents who are involved in a divorce, custody, or other family law case may file a legal request (often called a "motion for an order to show cause"), asking the court for some specific relief. These requests may relate to many types of family court orders, including the enforcement of custody and visitation, property, and alimony orders.

For example, let's say a custodial parent (the one who lives with the child most of the time) continually violates a custody order by withholding or interfering with the noncustodial parent's visitation time. The custodial parent might keep "forgetting" to drop the children off on Saturday mornings, as required in the custody order, or repeatedly claims that the children have play dates, soccer or other activities that make the scheduled visits impossible. This goes on for several weeks despite the noncustodial parent's phone calls and complaints.

The noncustodial parent can file a motion for an order to show cause (which may be called something slightly different, depending on where you live and your local court rules), along with a supporting statement of facts detailing how the custodial parent has disobeyed the court's visitation order. The noncustodial parent will also ask the court for some specific relief, such as an order that the custodial parent obey the visitation schedule, an order changing the visitation schedule, or even an order transferring custody to the noncustodial parent.

What Happens at the Show Cause Hearing?

Once one party (usually a spouse or parent) has filed the motion, the court will schedule a show cause hearing directing the other spouse or parent to appear and "show cause." Basically, that's an order directing someone to appear in court and explain why they took (or failed to take) some action, or why the judge should or should not grant the requested relief.

At the hearing, both spouses or parents will appear. In the example above (involving interference with visitation), the custodial parent would have to appear at the hearing and explain why they didn't follow the visitation schedule. Both parents would have opportunity to tell the judge their version of the events and reasons for what happened. They may also present other evidence backing up their testimony.

The main objective of the show cause hearing is to get the person who is not following the court's order to do so. The judge may simply order that person to obey the previous order. Or the judge may also order the relief requested (for example, by changing the visitation schedule or transferring custody).

In some extreme circumstances, the judge may find that one of the spouses or parents is in "contempt of court" for violating a court order. With a contempt finding, the judge may impose penalties, including monetary fines or even jail time. Just the threat of these penalties can sometimes be enough to get someone to follow a court order.

Getting Help With an Order to Show Cause

Procedures for filing an order to show cause will vary from state to state, and even between counties and court districts. So you should check your local court's website or speak with the court clerk for more information. You should also see if your local court has a family law facilitator or some other type of self-help department that can provide legal information or assistance. Some county bar associations also provide free legal services to individuals with lower incomes.

If you can afford it, you may want to speak with an experienced family law attorney for more information and suggestions about presenting your case in court. Court proceedings can be complicated if you're not skilled in the law of evidence and court procedure. Depending on the complexity of your case, it may be a good idea to hire a lawyer who can represent your interests

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(1) When a defendant is sentenced to pay court costs, fees, or fines, the court may provide for payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, then the court costs, fees, or fines shall be payable forthwith.

(2) If the court establishes an installment payment plan for a defendant to pay the full amount of court costs, fees, or fines:

(a) The defendant shall be given notice of the total amount due, the payment frequency, and the date by which all payments must be made. The notice shall indicate that if the defendant has not complied with the installment payment plan by the scheduled date, he or she shall appear on that date to show good cause as to why he or she is unable to satisfy the obligations. This notice shall be given to the defendant in writing on a form provided by the Administrative Office of the Courts;

(b) Except as provided in subsection (3) of this section, all court costs, fees, and fines shall be paid within one (1) year of the date of sentencing notwithstanding any remaining restitution or other monetary penalty owed by the defendant and arising out of the conviction; and

(c) Installment payments shall be applied first to court costs, then to restitution, then to fees, and then to fines.

(3)

(a) If a defendant is required to appear at a show cause hearing pursuant to subsection (2)(a) of this section, the court shall determine whether the defendant's default in payment of court costs, fees, or fines is:

1. Excusable due to an inability to pay, and if so, the court may enter an order allowing additional time for payment, reducing the amount of each installment, or modifying the manner of payment in any other way; or

2. Willful and not due to an inability to pay, and if so, the court may order the defendant to jail on the condition that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070.

(b) If the defendant fails to appear at the show cause hearing, the court may issue a warrant for the defendant's arrest. Any warrant for arrest issued for nonpayment of court costs, fees, or fines pursuant to this subsection shall include a notice to the jailer that the defendant shall be released upon payment or completion of daily credit pursuant to KRS 534.070.

(4) When a defendant is sentenced to pay court costs, fees, or fines, an alternative sentence of imprisonment that is to be served in the event the court costs, fees, or fines are not paid shall not be imposed at the same time. The response of a court to nonpayment shall be determined only after:

(a) The court costs, fees, or fines have not been paid; and

(b)

1. The show cause hearing has been held pursuant to subsections (2) (a) and (3)(a) of this section; or

2. The defendant has failed to appear at the show cause hearing as outlined in subsection (3)(b) of this section.

(5) Court costs, fees, or fines being paid under an installment payment plan that is actively monitored by the court shall not be reported as part of the inventory of liquidated debt pursuant to KRS 45.241.

KRS 534.020

Amended by 2017 Ky. Acts ch. 158,§ 4, eff. 6/29/2017.

Effective:8/1/2002
Amended 2002, Ky. Acts ch. 183, sec. 38, effective8/1/2002. -- Created 1974 Ky. Acts ch. 406, sec. 291, effective 1/1/1975.

What is a show cause hearing in Family court KY?

What does show cause mean in legal terms?

An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information.

What is a notice to show cause application?

In proceedings for a financial remedy, an application by one party to a financial agreement where the other party to the agreement attempts to resile from it, asking the court to determine why an order should not be made in the terms agreed. Also known as a Dean summons.

What does show cause deferred installment payment mean in KY?

A: You were ordered by the court to pay costs, fines, fees, restitution, etc., which is to be paid before a specific date. You must comply with that order or appear in court to explain why payment has not been made.