How can I make sure my ex puts a settlement away for my child and does not use it on herself
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I make sure my ex puts a settlement away for my child and does not use it on herself
My children were in a car accident a few months . My ex sent me a release paper so they can collect their settlement. My concern is she will spend it on herself and not put it away for the children. Is there any way to protect the money.
Asked on April 28, 2009 under Personal Injury, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It is a normal part of any accident settlement involving minors that the funds they receive by way of a settlement be put away in a segregated interest bearing account for their benefit until they are 18, with court permission required to distribute funds prior thereto.
The problem arises when someone claims the children have needs for funds before they are 18 -- such as for medical treatment to care for the injuries sustained, or to attend private school their parents could not afford to send them to, or for a new iPod or other necessities or luxuries their parents can't afford.
One person's necessity is another person's luxury. And of course if the custodial parent feels pressure to let the kid have an iPod and can tap the kid's money for the iPod, with court permission, then she has more of her own money for herself.
You could speak to the lawyer involved so he understands your concerns and say you want an opportunity for both parents to be heard before any withdrawals are made. But be aware that in many cases I have seen, and judges have seen far more than I, the non-custodial parent is less interested in protecting the children's money than penalizing the custodial parent. Make sure your motivation is in the right place.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.