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IN RE MARRIAGE OF NOACK v. NOACK

No. 88-0868.

149 Wis.2d 567 (1989)

439 N.W.2d 600

IN RE the MARRIAGE OF: Kimberly NOACK, Petitioner-Respondent, RACINE COUNTY CHILD SUPPORT AGENCY, Respondent, v. Robert NOACK, Appellant.

Court of Appeals of Wisconsin.

Decided March 8, 1989.

Attorney(s) appearing for the Case

On behalf of the Appellant, the cause was submitted on the briefs of Michael Plaisted, assistant state public defender.

On behalf of the Respondent, the cause was submitted on the brief of Kevin Van Kampen, family court commissioner for Racine County, and William H. Honrath, deputy family court commissioner.

Before Brown, P.J., Nettesheim and Sundby, JJ.

BROWN, P.J.

Robert Noack was found in contempt of court for failure to pay child support following a hearing at which he was not present. We hold that neither the requirements of due process nor the remedial contempt statute was offended when Robert, who had received notice of a hearing and offered the court no reason for his failure to appear, was found in contempt. Under such circumstances, Robert's absence properly did not affect the progress of the proceedings...

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