Ask Me Help Desk - Paying restitution

Paying restitution

I just found out that my ex-husband has received five years probation and must pay 350,000 dollars for restitution for a crime he committed.

How does paying restitution work? Especially when he has a menial job and can't even hardly afford to pay me child support?

Would I loose my child support? I'm in the state of NY. Thanks for any help.

Do you have a garnishment on his pay toward the child support, Normally this will come out first before they take the restitution. But basically he will be paying for the rest of his life or until he does another crime and goes back to prison

I would think your child support would trump any restitution he'd have to pay to any other party. $350,000 is quite an inordinate amount ; we're talking over a quarter of a million dollars! I'd like to know just what type of crime he committed that led to such an inordinate amount of restitution being required. I initially would have thought some type of white-collar crime but that's unlikely since he works a "menial" job. If he can't even afford to pay child support then I certainly don't see how he's going to pay $350,000 to someone. Unfortunately, it looks like he's looking at jail time unless he can actually somehow come up with the $350,000 and/or has been given an exceptionally long time to pay it back. If he does go to jail, then obviously he won't be able to pay child support while he's incarcerated.

Thanks for your answer, both of you. Child support is garnished from his pay before anything else, yes. To answer S_cianci, from what I know he and two others stole medical supplies from their place of employment and sold them online. 1.2 million dollars worth of supplies to be exact.

I just wanted to know whether child support takes precedent over restitution amount. Thanks.

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I just wanted to know whether child support takes precedent over restitution amount. Thanks.

Practically speaking, yes, since his child support is garnished from his pay before anything else and this is typical. Ultimately he's got to pay both, the child support and the restitution, or possibly face jail time if he fails to do so. It's likely that restitution payments will begin to be garnished from his paycheck as well.

I'm in NY - this is how it works.

Child support comes first. Any other Judgments/deductions for restitution follow.

You don't have to worry about losing child support if he continues working.

Well thanks for that. I just hope he can even keep or get a job what with such a record, who would want to hire him. Thanks for your help.

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Originally Posted by ohlamour

who would want to hire him.

Hello oh:

I don't know. Who would want to marry him and have babies with him?

excon

I'm not into convicts, thank you very much. He didn't commit the crime until after we were divorced.

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Originally Posted by ohlamour

well thanks for that. I just hope he can even keep or get a job what with such a record, who would want to hire him. thanks for your help.

It's very possible that if he doesn't continue to pay restitution (which, of course, comes AFTER he pays child support) he will go directly to jail. That's not an unusual condition when restitution is involved through the Courts.

The requirement that he work to stay out of jail also is VERY good for you because, as I said, child support comes first. He works to pay restitution and you benefit.

Just out of curiousity - what in the World did he do with that kind of money? If he embezzled (the only thing I can think of) $350,000 where is the money?

I guess I will just have to wait and see. I don't think he can make that type of payment and see him going to jail. I've posted above what the crime was. I don't keep in touch with him but was told that all his possessions were seized. Car, home, etc...

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Originally Posted by ohlamour

I guess I will just have to wait and see. I don't think he can make that type of payment and see him going to jail. I've posted above what the crime was. I don't keep in touch with him but was told that all his possessions were seized. Car, home, etc....

Sorry, I missed it - any idea what he did with the money? I guess if no one else could find it you can't find it, either.

Let us know how this works out for you.

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Originally Posted by JudyKayTee

Sorry, I missed it - any idea what he did with the money?

Hello again, Judy:

The problem with asset forfeiture laws is that the government seizes ALL a perps assets calling them proceeds of a crime. The victim, of course, DOESN'T share in the governments' unjust enrichment, so the perp is ordered to pay restitution.

Sounds unfair, doesn't it? Well, it IS!

excon

Are you freakin serious? The man has over a quarter million dollars in restitution and all your worried about is child support? Are you able to pay for your child yourself? He probably got caught in this crime to support you guys in the first place and you left while he was locked up! I should know how that feels like the same thing happened to me and i got slapped with a **** load of restitution that's why im browsing these forums!