Orders to Show Cause (sometimes called OSC’s) are court hearings where a party seeks temporary orders for the period between filing for divorce and the final divorce decree. Orders can also be created through stipulation agreements. A stipulation is an agreement entered between your spouse, yourself, and both attorneys, which the judge or commissioner later signs and enters as a court order.
OSC’s are court hearings at which a party seeks temporary orders for the period between filing for divorce and the final divorce decree.
Reasons for Orders to Show Cause
These orders provide for such matters as:
- temporary custody and visitation of your children;
- child and spousal support (if appropriate);
- and any necessary injunctive orders (i.e., exclusive use of the family residence, protective orders, etc.).
Determining Temporary Child & Spousal Support
If you will be paying or receiving child or spousal support, you will need to complete an income and expense declaration. The income and expense worksheets are time-consuming to complete, but accuracy is important. Support is primarily determined by the gross income of each party, the number of children involved and the amount of time that the children spend in each parent’s home. Once you start receiving support, be sure to keep accurate records of the support payments too.
The court uses a specific computer program to assist in determining both child and spousal support. Most attorneys will reference that same program in their office for a preliminary look.
Read about How Temporary Child Support is Determined.
Learn more about How Temporary Spousal Support is Determined.
Generally, the court has no power to award or change support for a period that has already passed. This makes it important to act promptly if your financial situation changes. If you lose your job, you should promptly seek a reduction or increase in support. If your spouse stops paying voluntary support, tell your divorce attorney so he/she can seek an appropriate order. California law now allows that support to be payable directly from the paying spouse’s employer.