Legal Question in Criminal Law in Michigan
In a case with minors, that will be brought up in a criminal case before the Juvenile Court, if there are divorced parents, with one having physical custody, is the non custodial parent held liable for the damages? This is in Michigan as well. Thank you
1 Answer from Attorneys
In a juvenile delinquency case, the parent or parents who had supervisory responsibility of the minor when the delinquent acts happened (when the damage occurred) may (not must) be ordered to co-pay any portion of the juvenile's restitution debt. If mom and dad live together, then both parents can be ordered to co-pay (dad being 'at work' at the moment of the damage is not a defense). If parents are split up, then whomever the kid was supposed to be staying with at the time of the incident is on the hook. If the kid can pay the restitution on his own, the parent is not ordered to co-pay. The parent's ability to pay (hardship) can be factored in to the court's decision to order the parent to co-pay some or all of the kid's restitution debt. Other financial assessments (court service fee, crime victim rights assessment, state mandatory minimum fee, etc.) are ordered to be paid by both parents regardless of which one had the kid at the time of the incident.
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