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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
2 Results
State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Wisconsin | Wis. Stat. § 938.235(8)(b) | Compensation for guardian ad litem |
The court may order either or both of the parents of a juvenile for whom a guardian ad litem is appointed under this chapterto pay all or any part of + See morethe compensation of the guardian ad litem. Upon motion by the guardian ad litem, the court may order either or both of the parents of the juvenile to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If one or both of the parents are indigent or if the court determines that it would be unfair to a parent to require him or her to pay, the court may order the county of venue to pay the compensation and fees, in whole or in part. If the court orders the county of venue to pay, the court may also order either or both of the parents to reimburse the county, in whole or in part, for the payment.
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All |
Not specified. |
Not provided for | Not provided for | Determined by judge without hearing | No |
The court may order the county of venue to pay instead. |
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Wisconsin | Wis. Stat. § 814.29(1) | Security for costs, service and fees for indigents |
1) (a) Except as provided in sub. (1m), any person may commence, prosecute or defend any action or special proceeding in any court, or any writ of error or appeal + See moretherein, without beingrequired to give security for costs or to pay any service or fee, upon order of the court based on a finding that because of poverty the person is unable to pay the costs of the action or special proceeding, or any writ of error or appeal therein, or to give security for those costs.
(b) A person seeking an order under par. (a) shall file in the court an affidavit in the form prescribed by the judicial conference, setting forth briefly the nature of the cause, defense or appeal and facts demonstrating his or her poverty.
(c) The finding and order of the court under par. (a) shall be in the form prescribed by the judicial conference. The court may deny the request for an order if the court finds that the affidavit states no claim, defense or appeal upon which the court may grant relief.
(d) The court shall make a finding of poverty and issue an order
under par. (a) if the affidavit demonstrates any of the following:
1. That the person is a recipient of means?tested public assistance,
including aid to families with dependent children, relief
funded by a relief block grant under ch. 49, relief provided by
counties under s. 59.53 (21), medical assistance, supplemental
security income, food stamps or benefits received by veterans
under s. 45.40 (1m) or under 38 USC 501 to 562 [38 USC 1501
to 1562].
2. That the person is represented by an attorney through a
legal services program for indigent persons, including, without
limitation, those funded by the federal legal services corporation,
the state public defender or volunteer attorney programs based on
indigence.
3. That the person is otherwise unable, because of poverty, to
pay the costs of the action, proceeding or appeal or to give security
for those costs. In determining the persons ability under this subdivision
to pay or give security for fees and costs, the court shall
consider the persons household size, income, expenses, assets
and debts and the federal poverty guidelines under 42 USC 9902
(2).
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All |
In determining the persons ability under this subdivision and the federal poverty guidelines under 42 USC 9902
(2). |
Not provided for | Burden on defendant to show inability to pay | Determined by judge without hearing | No | Not provided for |
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