Legal Question in Criminal Law in Michigan

Re: Restitutuon for arson

Under the Crime Victim Rights Act, your son's juvenile delinquency case should already have an order of restitution against your son. (In essence, his disposition/"sentencing" order should say that HE owes the full amount of restitution suffered by the victims.) That dispotition order is a judgment against him; the victim does not have to sue him or you in civil court to get a money judgment for the same damages/losses. The minor's present or future IN-ability to pay is not a factor in how much restitution will be ordered ... only the victim's financial loss is factored. (On the other hand, his ability to pay can be weighed re: how much per month the court orders as a payment plan.) That restitution debt remains in effect forever, until it is paid in full. Even though he is a minor, he owes this debt personally, and that will follow him into adulthood until it is paid in full. Further, under current Federal law, it is not dischargeable in bankruptcy.

The CVRA allows the Family Court to order the parent(s) who had supervisory responsibility of the minor at the time of the delinquent act to co-pay "any portion" of the restitution ordered against the minor. That portion can range from $0.00 to 100% of the child's restitution amount ... but the court MUST factor in the parent's ability to pay, and the hardship of the co-payment order, when deciding this issue. YOUR IN-ability to pay is an important factor both at the time of the disposition/sentencing hearing and today. If your financial circumstances have changed, yuo can petition the Family Court to modify the parental responsibility co-payment order against you ... to reduce the "portion" you are responsible for, to reduce the monthly amount of payment, or to even take you off the hook altogether.

Call the Family Court's juvenile probation office. Talk to its financial officer (if there is one), or your son's probation officer about any form you need to file to have a court hearing regarding your financial responsibility. The prosecutor and victim have a right to be notified about this so they can weigh in if needed. Bring all of your current financial and disability information! You may also want to consult with, or hire, an attorney to help you ... but you will have to pay for the lawyer because the court cannot appoint an attorney to give you help, in my opinion.