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Anybody have a child ordered in crimanl court to make

Started by 4honor, Aug 13, 2005, 08:49:56 PM

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4honor

restitution? Did the fact they received CS factor into the amount they pay? As a parent, were you made to pay on their behalf? Were you the CP or NCP?

In our current case, there is a likelihood that Ss will be ordered to pay restitution to DS1 and DS2. Will DH CP of DS1&2 be made to partially pay for the restitution of SS, of whom he is NCP? Any guesses out there?
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

dontunderstand

I don't know, but CS should NOT play a factor.  It would kind of defeat the purpose of restitution if DH has to pay money for one child to pay it to another child.  I don't know about your particular state, however it is NOT your DH's restitution.  It is SS's there for it should be his to pay, however he can get the money...

lucky

Hi, 4H.  I don't know if this scenario will help your perspective, but here goes:

I was CP of dd (then 13 yo) and she had stolen dh's debit card and purchased a bunch of stuff on-line.  When confronted, she destroyed some of dh's eagle pictures he'd received as gifts.  

We called the police and she was charged with criminal damage to property, and felony theft.  She was ordered to pay restitution to dh for the pictures and to pay restitution to BOTH of us for the debit card theft.

Obviously we wouldn't have had our losses recovered if we'd had to pay the restitution.  SHE was solely responsible for it.
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

4honor

is if we can get some of the CS BACK from BM in restitution or if we are gonna get stuck with $10 a month for the next 20 years from SS.

Also, SS was 12, 13 and 14 while committing these crimes. IN WA state, often the parents are held responsible for the $$ restitution (thus Homeowner's insurance steps in) for those 12 and under.
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

dontunderstand

I work with teenagers in WA and most of them are juvenile offenders.  From my experience it is solely up to the child to pay for restitution.  I doubt you would get child support back from BM as court would look at it as money to help with raising SS.  They would have to turn to DH as well if they did that as SS is his son too...you can never be sure of the system though, especially in WA state!  Hope that helps...

lucky

I can't speak for WA state, however, your ss is no longer under 12 yo even though he was 12 at the time of one of the offenses.

My bet is you're going to be stuck getting $10 a month for the next 20 years, but, the issue could be pushed should he miss some payments.

In addition, in MN to my understanding, neither dh nor I would be financially responsible for the actions of one of our non-custodial kids, the CP would be if there was a liability action -- but you're in a difficult place, the offenses occurred during your custodial time so who, then, is liable?

Sorry I can't help you, I still think you're going to get $10 a month forever.

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

Sherry1

to pay restitution to the tune of $7500.00.  SS keyed up a bunch of cars, and the restitution was to go back to the people that deductibles to get their cars fixed.  BM had to pay it back at about $300/mo.  DH lives in another state and was not ordered to appear in court.  BM tried like the dickens to get DH to attend the court hearings but that would have been pretty stupid cuz DH showing up he might have gotten stuck with some of that restitution.

Granny

Hi 4Honor...  Sorry to hear about all you're going through.  My experience while working with the courts is that the child will be ordered to pay.  I know for example when a two parents come into the court where I work usually the CP is the one who ends up paying for attys fees and detention fees...not the ncp.

Also, your dh is also a victim in your situation so it wouldn't seem right that he'd have to pay as one of the victims.

I think they'll order your ss to pay the restitution.

Granny