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CALawyer
CALawyer, Lawyer (JD)
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Experience:  Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
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If a spouses maintenance payments have not been made, because

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If a spouse's maintenance payments have not been made, because you were unemployed and then did get a job, but have not earned enough to pay so she pushes the courts to charge you with a felony for not paying, then you are arrested..
If your family can come up with the money to pay the back payments then would the felony charged be dropped or do you still have to face some charge?
This takes place in Wisconsin
Typically, a good attorney could get the felony charge dropped. However, there is the possibility that it could still be pursued if it looks like the person was voluntarily avoiding their obligation.

The failure to pay is basically considered a contempt. The other issue in someone's favor in the situation is that it isnt contempt if the person is unable to comply with the order. Only if they failed to comply despite having the ability to do so. That is typically a defense to the charge.



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