Are the exemptions to the requirement to work while on probation for full time parents who have a spouse that can financially support tem?

Question Details: I'm currently on supervised probation. My wife is a doctor who can easily support us financially. I stay home and take care of my daughter full time. Are there exemption to the rules requiring me to work or be in school?? All me working does is give us no good family time together?

Asked 7/27/2009 under Criminal Defense | 367 View(s) | More Legal Topics

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Kevin Mawn / Onek & Mawn, PA Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

The best place to start is with the judge who placed you on probation.  Assuming your daughter is too young to attend school, set a hearing asking the judge to modify your probation so that you can stay at home with your daughter. 

Although I do not practice law in the State of North Carolina, here are my initial impressions.  While it may be possible to have your probation modified, as my colleague suggests, my advice is that until the order is modified you MUST comply with the terms of probation.  Since you indicate that your wife is a doctor and that you are financially secure, I would assume that you hired an attorney to represent you with respect to the underlying charges.  Therefore, I suggest that you consult with your attorney to discuss what, if any, options are available to you at this point to modify the current conditions of your probation.  Good luck.

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