Parental Obligation to Pay Restitution for a Juvenile

[lawfacts]

If you and your ex-spouse are ordered to pay restitution for a crime committed by your minor child, can one parent pay the restitution and then sue the other for half? Can one parent sue the other for half before paying the restitution?

[Mr. Knowitall]

Your obligation to pay restitution is through the juvenile court.

If the juvenile court has ordered you and your ex-spouse to each pay half, and one spouse pays the entire amount, that spouse has potential to seek recovery of the other parent's half. If the juvenile court has simply ordered that you and your ex- pay, without specifying amounts -- simply creating a joint and several obligation -- you can attempt to argue to a court that your ex's choice to pay the full amount creates no obligation for you to reimburse him.

Neither parent can sue over an obligation they have not yet incurred.