Court Appointed Attorney

[catsmouse]

What is the name of your state (only U.S. law)? NC

My ex husband went to court for contempt proceedings for non payment of child support. It was continued and he now has a court appointed attorney. I'd like to know if the attorney will handle just the contempt issue or if he could also file for a support modification.

 

[TheGeekess]

What is the name of your state (only U.S. law)? NC

My ex husband went to court for contempt proceedings for non payment of child support. It was continued and he now has a court appointed attorney. I'd like to know if the attorney will handle just the contempt issue or if he could also file for a support modification.

Must be criminal contempt/non-support. Doubt very seriously that a court-appointed attorney is going to help with a civil matter.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_5A/GS_5A-21.pdf
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_5A/GS_5A-11.pdf
http://www.ncdhhs.gov/dss/cse/statutes.htm

 

[single317dad]

Also:

http://www.ncids.org/IndigentApptPlans/PD%20Appointment%20Plans/14th%20judicial%20district.pdf

Section III (8)

North Carolina does not appoint counsel for support modification. The other party is free to file a modification if he pleases, but the attorney will not represent him on that matter.

See also Gideon v. Wainwright 1963 and Turner v. Rogers 2011 for Supreme Court decisions that address the states' providing of attorneys in contempt matters.

 

[catsmouse]

Thank you both for your replies and links.