Incarcerated spouse has been in a fed. prison camp after a whilte collar crime he did not commit (took a plea). He has restitution to pay. We were legally separated years prior to his restitution judgment. I own a home (he does not). Can he live in my detached guest house and pay me rent? Or will my income be considered as household income when assessing the amount he has to pay per month in restitution? Would I be further protected if we were divorced? I would like to give him a helping hand when he gets out, but do not plan to comingle any funds and I do not want to lose my assets in the process.
Household income, generally, is the aggregate income of all members of a household, excluding renters and persons under the age of 18. This figure (which is offset by allowed household expenses) is used to determine the amount of resources that the responsible party has available to contribute to the outstanding restitution amount. However, no other member of the household will be responsible for the defendant's debt.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP