Results 1 to 4 of 4
  1. #1
    Join Date
    May 2018
    Posts
    2

    Default Can a Parent in Jail for Child Support Violation Get a Court-Appointed Lawyer

    My question involves criminal law for the state of: Colorado

    My nephew is being run over by his exwife and her mother who is an attorney. He has paid over $100,000 for his 14 year old daughter. He was able to do this due to a high paying job in the oil field. In the last 3 years he has suffered many health issues and cannot work in this field any longer. They have had him in jail for 9 months. They say he does not have the right to an attorney and have railroaded over him in every hearing he has had including one yesterday when he was told all he does is talk about himself.

    The judge has stated that this is the most "egregious" case of child support violation she has ever seen. This couple was married for less than 2 years, she got pregnant right away and then left him and moved to Arizona where her mother, the attorney, is. The mother interfered in the hearings until the family requested she not be allowed to be involved.

    His ex wife immediately went to school in Arizona and became a teacher and receives a decent income to raise one child on. In the meantime he has paid her over $100,000 in child support in 14 years but the judge says "it is the most egregious case she has ever seen!" His family lives several hundred miles away and they have requested he be transferred to jail in that area, they have refused his requests so my sister has to drive clear across Colorado for his hearings.

    It sounds like in the hearings he and his mother have been badgered by this woman's attorney and the judge.

    I would almost submit that this was planned by this woman and her mother so that she could have a child and receive $800 a month to help raise that child as they have not allowed any involvement by the father and at the time of the marriage the father earned a very good income in the oil field industry.

  2. #2
    Join Date
    Jan 2006
    Posts
    37,629

    Default Re: Is Someone Who is in Jail for Child Support Violation Allowed an Attorney by the

    So hire the kid an attorney.

    With income like you cited he likely wouldn’t be eligible for a public defender in any circumstance. That means he will need a private pay attorney. You can initiate contact with an attorney on his behalf.

    beyond that it sounds like you aren’t getting all of the story and have misconceptions about the law.

    As to transferring him to a different location. Why would they? The person would remain in custody in the area where the involved court has jurisdiction. If the order violated is from the county he is detained, that would be the proper venue.

    Is he being prosecuted criminally?

    If not, there is a way for him to be released. It typically requires payment of some amount of money (often called a purge amount). Is there some amount of money stated that he can pay and he released?

    Btw; $100,000 over 12 years is only ~$700/month. If he had a good income, that doesn’t sound extreme.

    You also speak like given the mother’s income the father shouldn’t even have to pay child support. That is not how it works.

    If the father has not had any involvement in his child’s life, it is almost certain that is by his doing. All parents have a right to be involved in their children’s lives with very few exceptions. Unless one chooses to not be involved, they can be. If they refuse to be involved, it’s on them.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,623

    Default Re: Can a Parent in Jail for Child Support Violation Get a Court-Appointed Lawyer

    If this is a felony criminal nonsupport case, he can petition for a court-appointed lawyer. If he was denied a lawyer due to his having sufficient assets to pay for his own lawyer, that would explain why a lawyer was not appointed. We are not in a position to investigate his situation -- if he does not understand the charge against him or his legal rights, help him consult a local lawyer.

    If this is a civil contempt hearing, then he will need to hire his own lawyer. But this sounds like criminal non-support.

  4. #4
    Join Date
    Oct 2006
    Posts
    14,622

    Default Re: Can a Parent in Jail for Child Support Violation Get a Court-Appointed Lawyer

    Quote Quoting Mr. Knowitall
    View Post
    If this is a felony criminal nonsupport case, he can petition for a court-appointed lawyer. If he was denied a lawyer due to his having sufficient assets to pay for his own lawyer, that would explain why a lawyer was not appointed. We are not in a position to investigate his situation -- if he does not understand the charge against him or his legal rights, help him consult a local lawyer.

    If this is a civil contempt hearing, then he will need to hire his own lawyer. But this sounds like criminal non-support.
    He would have to be seriously behind for it to be criminal non-support.

    1. Sponsored Links
       

Similar Threads

  1. Hiring a Lawyer: Wil a Private Defense Lawyer Get You a Better Deal Than a Court-Appointed Lawyer
    By Phil905 in forum Criminal Defense Lawyers
    Replies: 6
    Last Post: 01-26-2018, 01:09 PM
  2. Court-Appointed Lawyers: Can You Petition for a Court-Appointed Lawyer After Waiving a Lawyer
    By marie818 in forum Criminal Defense Lawyers
    Replies: 8
    Last Post: 11-23-2016, 11:22 AM
  3. Court-Appointed Lawyers: Does a Court-Appointed Lawyer Have to Do Everything You Ask
    By whitegato777 in forum Criminal Defense Lawyers
    Replies: 3
    Last Post: 04-24-2014, 07:41 AM
  4. Court-Appointed Lawyers: How Do I Go About Getting a New Court Appointed Lawyer if I Already Have One
    By B'swife in forum Criminal Defense Lawyers
    Replies: 1
    Last Post: 09-28-2011, 12:07 PM
  5. Court-Appointed Lawyers: Court Appointed Lawyer Didn't Show Up for Court Date
    By Stranded in forum Criminal Defense Lawyers
    Replies: 1
    Last Post: 08-04-2011, 12:00 PM
 
 
Sponsored Links

Legal Help, Information and Resources