COURT OF APPEALS DECISION DATED AND FILED May 3, 2011 A. John Voelker Acting Clerk of Court of Appeals |
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NOTICE |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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APPEAL
from an order of the circuit court for
Before
¶1 PER CURIAM. Hossain Khoroosi, pro se, appeals from an order denying a petition to waive the fees and costs of a hearing transcript. The circuit court found that Khoroosi was not indigent and therefore was not eligible for a free transcript. We affirm.
¶2 Khoroosi was named in a paternity action. Khoroosi denied paternity at the initial paternity hearing. Numerous proceedings have been conducted regarding paternity and child support obligations.[1] A motion to reduce child support was recently denied by the circuit court, and Khoroosi subsequently filed a petition for waiver of fees and costs for the transcript of the hearing. As part of the petition, he disclosed his income, assets and liabilities. Khoroosi’s gross income as a contract instructor at the University of Wisconsin–Superior during the nine month academic year was $2,570.72 monthly, or $23,136.48 yearly. He listed his net income as $1,336.18 monthly, or $12,025.62 for nine months. The circuit court denied the petition for waiver of fees because the court found he was not indigent. Khoroosi now appeals the order denying his petition.
¶3 Whether fees and costs for transcripts should be waived by
the court is governed by Wis. Stat. § 814.29.[2] A litigant is entitled to free transcripts on
appeal of a civil case when the circuit court determines both that the litigant
is indigent, and that the appeal has arguable merit.
¶4 On appeal, Khoroosi solely addresses whether the circuit court properly found he was not indigent. He argues the federal poverty guidelines should be utilized in determining indigency.[3] In this regard, he suggests the court should have imputed only his take-home pay of $12,025.62 in considering whether he falls below the federal poverty guideline.
¶5 Irrespective of whether gross or net income is used to
establish his indigency, Khoroosi’s income for nine months of the year places
him above the federal poverty guideline that Khoroosi cites for a one-person
family.[4] Furthermore, the Douglas County Child Support
Agency responds that Khoroosi has not raised any issue as to his inability to
work beyond the nine-month academic year.
Khoroosi fails to reply to this issue and we therefore deem the issue
conceded. See Charolais Breeding Ranches, Ltd. v. FPC Secs. Corp., 90
By the Court.—Order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.
[1] Although not discussed in the parties’ briefs, it appears from the record that Khoroosi repeatedly refused to submit to court ordered genetic testing, and a default judgment was entered for paternity and a child support obligation.
[2] Khoroosi
misplaces reliance upon State v. Nieves-Gonzalez, 2001 WI
App 90, 242
References to the Wisconsin Statutes are to the 2009-10 version unless noted.
[3] The Douglas County Child Support Agency does not dispute that the federal poverty guidelines are applicable.
[4] Khoroosi suggests the 2009 federal poverty guideline for one person is $10,830.