I was talking to this person the other day, and she is so going through it with her teenager. Her kid is on a crash course straight to prison, every time he gets in trouble, his mom has to pay restitution. This kid is eighteen now, does she have any legal rights to stop paying this restitution? she will not kick this bum out on his ***, what other options do she have?
2006-10-03 13:16:57 · 10 answers · asked by tescabar 1 in Politics & Government ➔ Law & Ethics
I think as long as the courts get their money, it doesn't matter where the money comes from. As far as him being an 18 year old "adult", usually the payments have to come from his checks and or credit cards, if not by cash.
2006-10-03 13:19:21 · answer #1 · answered by Amber skie (22/f/ca) 2 · 1⤊ 0⤋
This kid's mother is no longer responsible for making restitution for damage done by her son. But since her son doesn't seem likely to make restitution on his own, her choices are to do it for him or let him take the legal consequences, which might mean arrest, trial, and prison.
Because her son is 18, creditors cannot take HER things to pay for HIS damages. They cannot garnish HER wages or put a lein on HER property. The fact that he lives at home makes no difference. Legally, he is an adult and resposible for his own problems.
Civil court is another matter. In a civil court, a lawyer could make the case that she is in some way liable for the damage he did. He probably could not win, but in many cases, the threat of a suit is enough. The cost to fight the suit might be more than the price of what she has to pay. If that happens to her, I advise her to file a counter-suit for damages, reimbursement of court costs, legal fees, time lost, mental anguish, and anything else her lawyer can think of. Then they will know that she is not backing down, and may back down themselves and leave her out of it.
Or they may count on a mother's enduring love and desire to come to her son's rescue. She should make it clear, especially to her son, that she is NOT going to do that.
Tough love.
2006-10-03 20:29:57 · answer #2 · answered by Chredon 5 · 0⤊ 0⤋
Not many. First off if he's 18, he's on his own. Paying restitution is her choice, not her burden. Secondly other than praying for her, if she doesn't grow a backbone, then she's not being a loving, and supportive parent, she's being an enabler. She has to show him tough love, or else she's just as responsible for his actions as she he is. You can't blame it all on him though. He's used to mommy coming to the rescue, and as long as she continues to do so, he'll never change his ways.
2006-10-03 20:53:18 · answer #3 · answered by fachizzzzle 3 · 0⤊ 0⤋
This Mom needs to quit paying for her child's mistakes. Look what it has gotten her she still is paying and he still is making the wrong choices in life. She needs to let him grow up and take responsibility for his own actions. She is not financially responsible for her son any longer he is legally an adult. She does not have to kick him out but when the cops come for him because he hasn't paid she has to let them take him.
2006-10-03 20:28:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Although I can understand that she feels that she needs to protect her son, the best thing for him to try and get him on the right track, is actually letting him go to prison. Give him a good dose of reality to what he's doing to his life. But it's going to be hard for her to do that.
2006-10-03 20:20:33 · answer #5 · answered by kittycat_cc14 3 · 0⤊ 0⤋
If she is in the USA, It is purely a choice to pay his resitution. He is now a legal adult! If he gets in trouble, and he can't pay his fines... he goes to jail!
Lets talk about the real world now! If she willn't throw him out, whats the chance that she is going to let him goto jail by not paying his fines?
2006-10-03 20:23:05 · answer #6 · answered by and,or,nand,nor 6 · 0⤊ 0⤋
HE NEEDS A GOOD, HARD SPANKING.
if i were in this situation and my children REPEATEDLY got in trouble with the law, i'd let them go to juvy or wherever they're gonna go. parents are way too lenient on their kids now.
she needs to tell him how she's feeling. if he has a heart, he'll understand that it hurts her to see him do these things. i'd kick his ***.
2006-10-03 20:34:55 · answer #7 · answered by Sarah 2 · 0⤊ 0⤋
the parent's have the right to kick him out of the house if he's an adult, so if I were him I'd shape up and turn my life around.
2006-10-03 20:21:40 · answer #8 · answered by Suzy Suzee Sue 6 · 0⤊ 0⤋
she no longer has to pay for him as long as he is out of high school if he is till going then i think she still has to pay for him. If he is out of school she should put him out and stop forking over money for that retard
2006-10-04 00:49:25 · answer #9 · answered by Coconuts 5 · 0⤊ 0⤋
GO TALK TO THE JUDGE AND HAVE HIM TO PUT HIS REAR END AND THE REST OF HIM IN JAIL NEXT TIME HE GETS INTO TROUBLE. THAT WAY SHE AVOIDS DOING WHAT SHE SHOULD HAVE DONE A LONG TIME AGO.
2006-10-03 20:24:16 · answer #10 · answered by roy40372 6 · 0⤊ 0⤋