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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Is a Spouse Liable for Criminal Restitution

    My spouse was convicted of two white collar crimes (federal) in the state of Ohio. We have been married less than 7 years and have always maintained separate finances. The ONLY joint item we have had is a joint checking account that we each deposited money into monthly for the sole purpose of paying household expenses. ALL other finances have been separate. We have no joint credit cards or anything else and do not own a home. Are my finacial assests, including income from my job allowed to be counted when the probation department adds up my spouse's assests for fines and restitution?

    Thank you.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is a Spouse Liable for Criminal Restitution in Ohio

    Are my finacial assests, including income from my job allowed to be counted when the probation department adds up my spouse's assests for fines and restitution?
    To the best of my knowledge, no.

    You'd do well to consult an attorney to make sure you're well protected. The first consultation is usually free.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is a Spouse Liable for Criminal Restitution in Ohio

    As far as "criminal restitution" being imputed to a spouse, I was inclined to say a definite NO but tried online searching.

    Now, Civil restitution "may" be another matter.

    According to this FL attorney, citing MI law, only 1 US court has ever squarely addressed such issue, so following that court's precedent, they, MI agreed. NO spousal liability.


    http://orlandofamilylawyer.typepad.c...aw_update.html

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