Do I need legal representation at a hearing for Contempt for Non Compliance with a support order if I am the co-petitioner?

Child Custody 2 views 1 answers
My son's biological father owes my over $20000.00 in past due and current child support, arrears, and interest. The State of Wisconsin and myself are listed as co-petitioners, and a hearing for contempt against my son's bio father has been scheduled. I know that the State does not represent me at this hearing, so do I need a lawyer? I have had full custody and placement of my 10 year old son since birth, bio dad has never seen or talked to my son and has no interest in being a part of his life. I guess I am trying to figure out if I need a lawyer when I am the one who hasn't been getting paid? Are any of my rights or previous orders on custody and support at risk at a hearing like this?

Attorney Answer

1
Ginger Murray ·
I suggest that you review the pleadings to make certain that the only issue is child support, which seems most likely given your explanation. Based on your report I believe that the child support agency has filed a motion to address support only. The child support agency has an obligation to tax payers and parents to get involved in enforcing support orders, especially if the taxpayers are helping to support you or your children via badger care or other state assistance. The court will look at whether or not the father has missed payments and if so whether he had the ability to make the payments. If he failed to make payments and had the ability to do so, the court can order incarceration as part of a contempt order. The court also has to set purge conditions, which are referred to as the "keys to the jailhouse doors", which means a payment plan or other orders to make progress toward paying the arrears. If he meets those conditions, he can avoid jail. Most child support contempt hearings are held in front of a court commissioner. If this is the case, as long as you go and participate, if you are not happy with the result, you can seek another hearing before the judge called a de novo hearing. Although attorneys can always offer support and address unforeseen problems, if If this is a hearing before a court commissioner and is solely about support I think you are safe to appear without counsel.
0 upvotes

People Also Asked