Would anyone share the way their office handles the nonpayment of restitution, probation fees, etc. when parents are ordered to pay those fees? How many chances do they get before seeking contempt? Can the order for restitution be reduced to a judgment?

I run a "pay order" with the paperwork for any juvenile case. It includes restitution, probation fees, as well as reimbursement for attorney's fees, court costs and detention. It is a joint and several order against both parents, served by certified mail on any parent not present.

We generally give them about 6 months before starting the contempt paperwork. The first time to court it's "you are probably in contempt, you could go to jail, why not pay?" The second time there is a contempt order with a probated sentence. THe only requirement of the probation is that the parent either appear or pay on the scheduled day. The third time through, someone normally goes to jail. Most of the time we have one to send to jail - and we do that one first - which impresses the remainder! Our collections are generally pretty good.

I believe that some counties do take judgments against the parents - most of those I work with are judgement proof.

Lisa L. Peterson
Nolan County Attorney

Would you mind sending or posting a copy of your motion for contempt and other paperwork?

I am more than willing to share any forms or ideas I have, but am not aware of the process for posting them. Anyone who wants them is welcome to e-mail me, call me, or otherwise let me know how to get them to you, and I'll be happy to oblige!
(You have to remember - I'm from that generation that remembers what a slide rule is, and learned to use computers with punch card machines....!)

Lisa L. Peterson
Nolan County Attorney

Although it doesn't apply to orders issued before 9/1/03, please note that HB 2319 created an entire new chapter (Ch. 61) of the Family Code to address parental responsibilities in juvenile court and sanctions related to those responsibilities. The changes are contained in TDCAA's new 2003 publications.