New Berlin, WI asked in Child Support, Gov & Administrative Law, Identity Theft and Criminal Law for Wisconsin

Q: State vs ex to court for unpaid support for 3 children. He just stole from her EPPIC card

The State is taking my daughter's ex boyfriend to court for unpaid child support for their 3 young children. He owes > 15K.

Daughter just discovered he stole and used her EPPIC card and spent $600 on Bitcoin. (She filed a police report). He stole her identity 18 months ago, along with additional crimes and she left him and filed a police. He's has a DPA which was recently extended for a year. (That story deserves it's own thread but relates here.)

My daughter is named as a respondent and is to appear virtually. With this new discovery of theft, would it be in her best interest to have representation? If she does need an attorney, can she request he pay her fees? Or Victim Services? Should she notify the Child Support Attorney who's taking him to court?

Not sure if any of the above will be necessary IF the ex is held accountable for his latest crime against his kids.

The child support case is in 2 weeks. The recent theft is under investigation.

Thank you very much!

1 Lawyer Answer
Jane E. Probst
Jane E. Probst
PREMIUM
Answered
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: The matter with the credit card is a civil matter, not a child support matter. These are independent actions. The State has filed an action to require him to pay support and arrears. If he has failed to pay for a sufficient length of time and the Child Support Enforcement has run out of options through contempt motions, they can refer the matter to the District Attorney for felony failure to pay child support charges. This could be added to the other criminal charges.

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