What is the name of your state? New Mexico
I live in NM, but this case is in Texas. It is a very long story, so I will leave out a bunch. My son ran away from home when we lived in Texas. We were in the process of moving to New Mexico. About a month and a half later I got a call that he burned down a trailer. The trailer was unoccupied and under renovations at the time. My son claims it was an accident, although it could have been prevented if he didn't mess around at all.
In July we went to court where he pled guilty. He was sentenced to a trade school in south Texas. I was ordered to pay $15 a month in probation fees and $20 for court costs. After the hearing the probation officer was going over the papers when she suddenly realized that there was "something wrong" and ran in to speak with the judge with her papers. She came back and had another paper (which I signed the first, not the second), stating that I had to pay an additional $75 a month in child support and $600 a month in restitution. I told her this was impossible, that I couldn't afford it. She told me it was based on his child support. I got a job working at a bar and then moved to a job that I could work at as a manager that would pay more, although I am still in training, so am only making the training salary which is $9 an hour and about 30 hours a week, give or take. I still have 2 children at home, but the support is not theirs. I am a single mother and do not collect any funds for anything.
I have paid what I could, but even with the barest necessities, and I mean bare, I have the cheapest place I could rent, I do have a car payment, but it's for a 14 year old car, no credit cards, nothing, everything goes for utilities, rent, food and such. I even sent almost all of my tax refund except for 100 gallons of propane and to catch up my phone bill.
I was served with papers to show cause as to why I should not be punished for failing to obey a court order. I went into court where the DA, the probation officer and the financial secretary decided they could make a deal with me...we were sent out of the courtroom. They wanted all kinds of papers and check stubs from support that I don't have. I left the courthouse with a threat that they will be having me come back in about 3 weeks.
This trailer went from being renovated to two trailers put together totally renovated with construction material in it, to a trailer that was almost completed. It went from 3 boys to 2 boys. It went from being worth $69,000 to $45,000. They refuse to show me the estimates, stating that it's the victims rights. I told them to black out the name, I really didn't care, but I checked and the fire marshall never even investigated. For all I know this could have been a 100 year old outhouse.
I spoke with a lawyer who couldn't represent me because I don't have the money to pay him. He told me how to file a motion for a reduction or to stop the restitution. The law seems to be on my side, but this is Texas, who rarely holds up their laws unless it is in their favor.
My son will be returning in the next couple of months. This child support it to support him. I can't do it without the support. He can get a job, which the probation officer told me to support the family, but I don't have extra transportation for him, nor can afford for a 16 year old to drive.
I figured out my budget and I didn't realize how far I was down each month even before the restitution. I receive no support for my girls. Long story, but if I took the support, I would be dead. And, no, there is not enough hiding in this little tiny town.
What I am looking for is something I show the judge that shows what child support is to be used for. My son can start paying on this after he gets a job, there is also a victim's compensation fund.
I spoke to the probation officer's boss because I don't think she will be effective in helping my son since she is too worried about the victim and when I told her that my girls wouldn't be able to eat she said "that's tough", He told me that he was going to tear my family apart and put me in jail. I have never been in trouble in my life, I'm 40 years old, and now I'm about to lose my girls to the state because of this.
The lawyer said that the support was supposed to be used for the child for his necessities. I'm not saying that this shouldn't be paid, my son needs to pay the consequences. I just don't think that his little sister's should have to lose thier home, and family over it, I think that is injustice.
Any help would be appreciated. Thank you.
I live in NM, but this case is in Texas. It is a very long story, so I will leave out a bunch. My son ran away from home when we lived in Texas. We were in the process of moving to New Mexico. About a month and a half later I got a call that he burned down a trailer. The trailer was unoccupied and under renovations at the time. My son claims it was an accident, although it could have been prevented if he didn't mess around at all.
In July we went to court where he pled guilty. He was sentenced to a trade school in south Texas. I was ordered to pay $15 a month in probation fees and $20 for court costs. After the hearing the probation officer was going over the papers when she suddenly realized that there was "something wrong" and ran in to speak with the judge with her papers. She came back and had another paper (which I signed the first, not the second), stating that I had to pay an additional $75 a month in child support and $600 a month in restitution. I told her this was impossible, that I couldn't afford it. She told me it was based on his child support. I got a job working at a bar and then moved to a job that I could work at as a manager that would pay more, although I am still in training, so am only making the training salary which is $9 an hour and about 30 hours a week, give or take. I still have 2 children at home, but the support is not theirs. I am a single mother and do not collect any funds for anything.
I have paid what I could, but even with the barest necessities, and I mean bare, I have the cheapest place I could rent, I do have a car payment, but it's for a 14 year old car, no credit cards, nothing, everything goes for utilities, rent, food and such. I even sent almost all of my tax refund except for 100 gallons of propane and to catch up my phone bill.
I was served with papers to show cause as to why I should not be punished for failing to obey a court order. I went into court where the DA, the probation officer and the financial secretary decided they could make a deal with me...we were sent out of the courtroom. They wanted all kinds of papers and check stubs from support that I don't have. I left the courthouse with a threat that they will be having me come back in about 3 weeks.
This trailer went from being renovated to two trailers put together totally renovated with construction material in it, to a trailer that was almost completed. It went from 3 boys to 2 boys. It went from being worth $69,000 to $45,000. They refuse to show me the estimates, stating that it's the victims rights. I told them to black out the name, I really didn't care, but I checked and the fire marshall never even investigated. For all I know this could have been a 100 year old outhouse.
I spoke with a lawyer who couldn't represent me because I don't have the money to pay him. He told me how to file a motion for a reduction or to stop the restitution. The law seems to be on my side, but this is Texas, who rarely holds up their laws unless it is in their favor.
My son will be returning in the next couple of months. This child support it to support him. I can't do it without the support. He can get a job, which the probation officer told me to support the family, but I don't have extra transportation for him, nor can afford for a 16 year old to drive.
I figured out my budget and I didn't realize how far I was down each month even before the restitution. I receive no support for my girls. Long story, but if I took the support, I would be dead. And, no, there is not enough hiding in this little tiny town.
What I am looking for is something I show the judge that shows what child support is to be used for. My son can start paying on this after he gets a job, there is also a victim's compensation fund.
I spoke to the probation officer's boss because I don't think she will be effective in helping my son since she is too worried about the victim and when I told her that my girls wouldn't be able to eat she said "that's tough", He told me that he was going to tear my family apart and put me in jail. I have never been in trouble in my life, I'm 40 years old, and now I'm about to lose my girls to the state because of this.
The lawyer said that the support was supposed to be used for the child for his necessities. I'm not saying that this shouldn't be paid, my son needs to pay the consequences. I just don't think that his little sister's should have to lose thier home, and family over it, I think that is injustice.
Any help would be appreciated. Thank you.