the man who receives the payments has been given a life sentence and i have been trying to pay but i survive on public assistance and really don't have anything to offer and the payments have put my family through extreme hardship, my family is slowly starving and we can barely afford to keep a roof over our heads, if its possible to over turn the order, please my family and I really need the help and we need to know our options.
You should be able to file a motion to modify the restituion condition of your probation based on these circumstances.
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most likley if the conditions of your probation were to pay this and now the payee is in custody you may be able to modify those terms but you should work with a local attny because there must be some nexus between the events. take care.
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Personal Injury Lawyer
You can move to modify the order. However, the fact that a person is incarcerated does not change the terms of your plea bargain. I think it would be unlikely a court would modify a restitution order because someone became incarcerated. Theoretically, they could spend the money at the commissary.