COURT OF APPEALS

DECISION

DATED AND FILED

 

May 3, 2011

 

A. John Voelker

Acting Clerk of Court of Appeals

 

 

 

NOTICE

 

 

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.�

 

 

 

 

Appeal No.�

2010AP1115

Cir. Ct. No.� 2003PA22

STATE OF WISCONSIN�

IN COURT OF APPEALS

 

DISTRICT III

 

 

 

 

In re the Paternity of D. D. B.:

 

Douglas County Child Support Agency and Debra Kauti,

 

��������� Petitioners-Respondents,

 

���� v.

 

Hossain Khoroosi,

 

��������� Respondent-Appellant.

 

 

 

����������� APPEAL from an order of the circuit court for Douglas County:� GEORGE L. GLONEK, Judge.� Affirmed.�

����������� Before Hoover, P.J., Peterson and Brunner, JJ.

�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.� See State ex rel. Girouard v. Jackson County Cir. Ct., 155 Wis. 2d 148, 159, 454 N.W.2d 792 (1990).� Underlying this discretionary decision are issues of fact and law.� We uphold a factual finding unless it is clearly erroneous.� Wis. Stat. � 805.17(2).�� We search the record for evidence to support findings reached by the circuit court, not for evidence to support findings the court did not but could have reached.� See In re Estate of Dejmal, 95 Wis. 2d 141, 154, 289 N.W.2d 813 (1980).� We review issues of law de novo.� Rosplock v. Rosplock, 217 Wis. 2d 22, 32-33, 577 N.W.2d 32 (Ct. App. 1998).

� �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 Wis. 2d 97, 109, 279 N.W.2d 493 (Ct. App. 1979).� Accordingly, Khoroosi will not be heard to argue that he is being denied access to the justice system because of an inability to pay for a transcript when he has failed to work to his full earning capacity.� �����

����������������������� 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 Wis. 2d 782, 625 N.W.2d 913 (regarding appointment of counsel), and Wis. Stat. � 49.145 (regarding Wisconsin Works employment positions).�

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.