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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114029
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My 16 year old son was sentenced to go to the states correcti

Resolved Question:

My 16 year old son was sentenced to go to the states correctional institute in Mandan ND . I was informed that he would be going to the Dakota Boys Ranch after his time at YCC. I was also informed that his social security check would be transferred to the Boys Ranch. I was wondering why the state wouldnt be responsible for the cost being this was a state, court ordered decision. I still pay my sons medical expenses and his insurances and maintain a home for him to come back to. This would definetly present a huge financial hardship for me and my family. Is this correct or is there anything else to do about this?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
Unfortunately, the law allows that a defendant can be assessed the costs of their incarceration if they can afford that cost. If he is receiving SS then that is for his care, not for you to pay other expenses, so the court can indeed order the check be sent to the facility for his care or to defray the cost of his care. You could get some relief from the court for the money you pay for his insurance and medical care, but not for keeping the home up for him to come back to. You would have to file a motion with the court that sentenced him for a waiver or relief for the medical insurance/care costs.


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Customer: replied 6 years ago.
In addition To my sons entire social security check of $1276 a month, I was told by my sons case worker that I would need to pay child support for my son while he is at Dakota Boys Ranch. My only income is his twin sisters socialsecurity check of $1275 per month. Can this be done?
Expert:  Law Educator, Esq. replied 6 years ago.
This is something that you can appeal, since the SS is used to offset the support payments. You need to contact his lawyer and get them to file a motion to the court to get the court to order that only the SS check for him is used.
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you