Court Error – Child Support

By: Derek Hawkins//July 5, 2017//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jason Wendt

Case No.: 2016AP1023-CR

Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ.

Focus: Court Error – Child Support

After a jury trial, the circuit court entered judgment convicting Jason Wendt of 10 counts of felony failure to pay child support. Wendt argues that the circuit court made two errors during the trial, both relating to Wendt’s alleged inability to provide support. First, Wendt argues that the court erred by refusing to submit to the jury the statutory affirmative defense of inability to provide support. Second, Wendt argues that the court relieved the State of its burden to prove intent by instructing the jury that this defense was not at issue. We reject these arguments and, accordingly, we affirm the judgment.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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