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On a criminal non-support prosecution, who gets the restitution, the parent or the child? I have an old indictment where we finally caught up with the non-paying father. The amount could run pretty high. | ||
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Member |
If the child is now 18 or more, I would say ok to pay him/her; otherwise the person originally designated to receive the funds. | |||
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Member |
Talked to the ex-AG atty who did child support cases. She says that normally the court will award the mother restitution because she is the one that was truly out the money since she was the sole support of the child. It is also possible that she relinquished her rights to the State. (If she was on welfare she may have had to relinquish the money to the State.) It is not impossible for the court to award the money to the child; however, she said it is rare. | |||
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