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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116808
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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is there anything that can stop joint and several ...

Customer Question

is there anything that can stop joint and several restitution if one spouse has paid half and the other nothing. I forgot to mention that their three kids were originally thaken by cps and my husband worked very hard to get them back as their monther sat in jail for theft etc. He has won sole custody of these kids and has not been in trouble since. We have been married for almost three years now and have received no support from Mom. My husband has paid 200.00 a month restitution for almost 10 years. please help us.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 years ago.
Unfortunately, joint and several means that both parties can be forced to pay the entire amount either by one party paying or by both parties sharing. The only recourse he would have is to file a suit against the non paying party for their percentage of contribution to the restitution he made. Again, from what you are describing, it does not appear that suing the other party would do any real good since that party appears to have nothing. But, if that party has a job or ever comes into any property or money, if he files suit and gets a judgment against her, then he can get a garnishment if she is working or he can file the judgment and take his money out of any property or money she comes into later on.

Sorry I could not be more positive for you, but this happens often.

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