If the parent is the victim, are they required to pay juvenile detention costs for their child’s detention?

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If the parent is the victim, are they required to pay juvenile detention costs for their child’s detention?

What are the laws regarding DV/Assault in MI when a child assaults a parent? Costs were incurred for the child being detained in Juvenile Detention and the victim (mother) is now required to pay over $7,000 in fees. In other States victims are not required to pay and now the mother is being threatened with garnishment and a warrant. What is the law?

Asked on December 20, 2010 under Bankruptcy Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You are confusing two issues. The mother is not paying because she was a victim; she is paying because she is the child's mother. If this is a fee that parents would typically have to pay on behalf of their offspring in MI, then it is proper--the fact that the mother was assaulted does not, by itself, dissovle the parent-child relationship or alter the parent's obligations. So if the mother  would had had to pay this charge had the child assaulted some third person, she would have to pay here. If it is a hardship, she may be able to get the fee waived or reduced and she should pursue that avenue with the state.


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