Q: Can I plead not guilty to a child support contempt warrant and seek free legal aid in MN?
I have a contempt of court warrant for child support. I was notified by the child support enforcement officer and given 15 days to get a job and start making payments. I secured a job and began making payments within the period, keeping in contact. However, I was not informed it was sufficient. I've faced significant challenges, including being incarcerated for a period and suffering a massive heart attack shortly after starting the job, which left me unable to work. I was planning to file for disability due to my severe heart disease before learning of the contempt order. I informed the agency about my health condition. Now, I need to know if I can plead not guilty at my first hearing and how I can seek free legal representation before I am arrested.
A: Contact the public defenders' office Monday morning. A public defender would be appointed if you qualify and jail time is possible (and it may be.) The public defender, however, would not necessarily directly address the child support issues.
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A:
You can plead not guilty to a child support contempt warrant at your first hearing if you believe there are valid reasons for not complying with the order. Since you’ve made efforts to secure a job, started making payments, and kept in contact with the agency, it’s important to explain these circumstances to the court. Your health condition, incarceration, and efforts to get back on track may be considered when determining whether you should face contempt charges.
For free legal aid, you can reach out to organizations in Minnesota that provide assistance to individuals facing legal challenges, such as the Legal Services Advocacy Project or your local legal aid office. They may be able to represent you or guide you through the process. You can also contact the Minnesota State Bar Association’s referral service for potential free or low-cost legal representation.
When you attend the hearing, be prepared to explain your situation, including the steps you’ve taken to comply with the child support order and your medical condition. If you’ve been proactive in seeking disability benefits, make sure to inform the court of that as well, as it could help explain why your payments may have been delayed.
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