State ex rel. Mikkelsen v. Hill

Defendant appeals a judgment finding him in contempt for failure to pay child support. We reverse.

In 1988, defendant was divorced and ordered to pay $150 a month child support. He made no payments. The district attorney issued a citation for him to show cause why he should not be held in contempt. The court treated the matter as a criminal contempt, informing defendant that he faced jail as a result of not having paid his support obligations. Counsel was appointed.

Neither defendant nor the state called witnesses or presented evidence. Nevertheless, the trial court believed that it had enough…