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Federal System News, Events and Legal Issues News & Events relating to the U.S. Federal Bureau of Prisons, U.S. Courts, Department of Justice and any legal questions you may have dealing with the Federal system.

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  #1  
Old 04-08-2019, 07:28 PM
Remorseful900 Remorseful900 is offline
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Default Restitution payment: spousal income/assets in repayment plan?

Does the court, PO, or any party factor in the spousal income/assets in repayment/ monthly plan for restitution
Also what if there is a civil fine from another government agency say the SEC
Do they factor in just your income or both yours and spouse
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Old 04-21-2019, 05:36 PM
ttexrbomb ttexrbomb is online now
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They will take your spouses income into consideration. I know it doesnít sound fair, but they do it. I did not give the PO my spouses income, but then again shortly thereafter I got a loan and paid off the restitution (it was $78,000). So I donít think it was as big of an issue that I didnít provide it in that no payments were due.

The PO will in all likelihood encourage you (or push you) to pay more than the minimum they set. Remember this, the payment they give you is the minimum...and if you appear to be having fun, they can increase your payment. Mine tried to before mine was paid off. I wanted to take a trip. She agreed to let me if I increased my monthly payment.

The POís can be and will be manipulative.
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Old 04-22-2019, 07:56 AM
fbopnomore fbopnomore is offline
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For people who live in "community property" States ( Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin) one half of your spouse's income is yours.
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Old 04-22-2019, 08:18 AM
Remorseful900 Remorseful900 is offline
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So in non community property states the spouse is not responsible for any restitution if they did not commit the crimes correct?
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Old 04-22-2019, 11:37 AM
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Legally that is correct, but POs seemingly do whatever they want to do when computing "payment schedules", often by claiming that things like water and food, etc (a bit of an exaggeration, but you get the idea) are luxuries.
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