Q: If my ex paid for the kids sports and I called for a refund. & only half was refunded. Is there grounds for prosecution?

A: Whether criminal charges could be filed against you for requesting and receiving a partial refund depends on several factors, including intent, agreements between you and your ex, and how the refund was processed. However, here are some key legal considerations:

1. Was It Fraudulent?

If you knowingly misrepresented your right to the refund (e.g., claiming you paid when your ex actually did), it could be considered fraud in some jurisdictions.

If the refund was granted based on accurate information, it is less likely to be a criminal matter.

2. Was There a Court Order or Agreement?

If your custody or divorce agreement specifies that your ex is responsible for sports expenses, you may have had no right to request the refund.

If there was a misunderstanding or lack of clarity, it may be considered a civil dispute rather than a criminal act.

3. Did You Keep the Money?

If you immediately returned the refunded amount to your ex, this reduces the likelihood of criminal prosecution.

If you kept the money, it could potentially be viewed as theft by deception, but proving intent would be key.

4. Can Criminal Charges Be Filed?

Your ex can try to file a police report, but law enforcement would have to determine if a crime occurred.

If there was no intent to steal or defraud, this is more likely a civil matter (e.g., your ex suing for the refund amount) rather than a criminal case.

What Should You Do?

If you wrongly received the refund, the best course of action is to return it to avoid legal complications.

Keep documentation of the refund request, communication with the organization, and any payments made.

If your ex is threatening legal action, consult an attorney to protect your rights.

Final Note

Every case is different, and legal consequences vary depending on the specific facts and local laws. If you're facing threats of criminal charges, speak with a lawyer immediately to understand your best options.

A: In California, if you requested a refund for a payment made for your child’s sports, and you only received a partial refund, it may not necessarily lead to criminal charges. However, the situation could be more complicated depending on the terms of the refund agreement, the circumstances surrounding the payment, and whether the refund was issued incorrectly.

Accepting a partial refund, especially if both you and your ex agreed to it, is unlikely to lead to criminal charges. Unless there was some form of deceit or fraudulent intent involved in the request for a refund or the acceptance of the partial refund, criminal prosecution is generally not applicable in this situation.

If you feel that the full refund was owed, it might be worth pursuing through civil means, such as small claims court or negotiating with your ex to resolve the matter. Criminal charges are not typically a concern in these types of financial disputes unless there is clear evidence of fraud or other illegal activity.