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Question

State of Florida.

What is the order of an individuals Legal Obligations?
Criminal Restitution, Child Support or Alimony.

The Separation Agreement and Divorce were finalized in 2004.

In 2007 He was Convicted. A nine month Sentence (served), and a 15 Year Probation was ordered by the Court. The Probation remains in effect until a balance of $400.000.00 is paid.   $1750.00 minimum is due each month until Restitution is paid.

Because of a large decline in his business, He cannot pay both obligations completely.

Submitted: 445 days and 1 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED
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Optional Information

West Palm Beach, Florida

Already Tried:
Did not know where to find answer. It seems that this is not a question Family Court or Divorce Lawyers readly know.

Accepted Answer

Criminal court orders generally take priority. However, the family court will not reduce the support order based on a reduction in income from a criminal restitution order. You could ask the family court to stay some portion of the obligation while making restitution so that you can eat. But, you will have a support arrearage when restitution is complete.

 

Alternatively, you can just "not pay" (assuming your wages aren't being garnished), and wait to be held in contempt, at which point, you will have to show that the criminal restitution order deprived you of the ability to pay, such that you cannot be found in contempt. But, if the judge decides to not follow the law, you could find yourself looking at another criminal sentence, so you may want to consider asking the court for a stay of the support obligation.

 

 

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Expert: socrateaser
Pos. Feedback: 94.3 %
Accepts: 
Answered: 9/4/2008

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