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katsumee27 · Mar 10, 2009, 06:26 AM

I need to know if a spouse is liable for the restution in a case that said spouse had no connection or knowledage of until case was court.:(

JudyKayTee · Mar 10, 2009, 07:23 AM

The offender is required to make restitution - if that's what you mean - not the spouse.

The spouse often pays it or helps to pay it to keep the accused party out of prison but it's not the other party's legal responsibility.

excon · Mar 10, 2009, 08:13 AM

Originally Posted by katsumee27

I need to know if a spouse is liable for the restution in

Hello k:

It's a very good question. I think the answer is yes. In MY view, restitution is a CIVIL matter. If I'm right, the wife COULD be held liable.

Let's say, for example, a somebody broke in and stole something from Wall Mart. In their initial report, they say that $10,000 is missing. However, before the trial, Wall Mart adjusts their losses upwards to $20,000. The defendant says that's not true.

The question then becomes, does Wall Mart have to prove their additional loss by proof BEYOND a reasonable doubt, or just a PREPONDERANCE of the evidence... Or do they have to prove it at all?

I believe it to be a preponderance of the evidence, therefore making restitution a civil matter that can be born upon a spouse.

The other question to consider is whether a parolee can be sent back to prison if he DOESN'T pay his restitution. If so, then restitution is a CRIMINAL matter that CAN'T be born upon the spouse.

But, there ARE jurisdictions, where restitution is a criminal matter, yet they let the parolee OFF parole still owing restitution. If he doesn't pay, can he be sent back to jail, or just sued?

I say he can only be sued, making it a CIVIL matter that CAN be born upon the wife. I don't know how a criminal matter can all of a sudden switch to a civil matter... In fact, I don't think it can. I think it's a civil matter and was a civil matter from the get go.

Therefore, it's MY VIEW, that restitution, being a CIVIL matter, CAN be born upon the spouse.

excon

JudyKayTee · Mar 10, 2009, 08:37 AM

You are certainly entitled to your point of view (even if it's wrong - -

Our experiences are different. I have NEVER seen an order for restitution that doesn't address specifically who is responsible for paying the restitution. I have never seen one without a specific party named and I have never seen a spouse "punished" for the other spouse's crime UNLESS spouse #2 somehow benefited.

I agree - good question. I just don't see a Judgment against ME for the misdeeds of my (non-existent) spouse.

twinkiedooter · Mar 11, 2009, 10:58 AM

In the Final Disposition paperwork during the sentencing phase of the case only pertains to the person being sentenced for the particular crime. There will be stipulations such as one year prison, parole or probation of say 4 years, restitution of $50,000 to victim, and if the conditions are not met, then so many more months or years in prison. The person being sentenced is the person who is Court ordered to pay the restitution, not his wife, kids, or dog. It is not a civil matter, but a criminal matter. And if the restitution is not paid in full the Judge can order the person to serve time in jail/prison due to the nonpayment.

The only time it becomes a civil matter is when an insurance company steps in and sues the person for the amount of monies taken (in an embezzlement case) above and beyond the restitution. Then they can only sue the thief in the matter and not his wife, kids or dog.

twinkiedooter · Mar 11, 2009, 06:06 PM

Actually Ex, they sue the dog. Then it becomes a civil matter.

excon · Mar 11, 2009, 06:15 PM

Hello again, experts:

The law, is the law, until it isn't the law.

In my very own experience, a company tried to tack an old bill of mine onto a restitution matter that I was facing. I objected, and the judge held a civil hearing, very similar to a small claims matter.

They lost.

excon

twinkiedooter · Mar 11, 2009, 06:37 PM

Now that was a very special case in that the criminal judge would not allow this bill to be added into the restitution order so he deferred this to a civil judge.

Now, if a husband was to owe a restitution in a criminal matter and didn't pay up, the wife would have no way to be added into this equation unless she was a co-defendant in the criminal matter.

Restitution does not suddenly become a civil matter (unless under extraordinary measures such as the jerk who tried to tack onto Ex's criminal matter) and then he lost anyway (the jerk, not Ex.)