if you child one a law suit that was put into a CD account.should the judge allow the parent to recieve money from it before the child's 18th birthday for the upkeep of the child. if so how could you get it?
2006-08-21 13:08:47 · 23 answers · asked by kim 1 in Politics & Government ➔ Law & Ethics
In California law, and probably in other states as well, the judge can allow the parents to be reimbursed for expenses relating to the child's accident or injury, and to pay for the child's normal expenses. But it does require the judge's approval. What they do in CA is have a complicated form that is filled out during the time the suit is being wrapped up (the Petition for Compromise of the Claim of a Minor), which details all the money owed to the parents for expenses, including such things as the fees for filing the suit. Then all that remains is put into a blocked account in trust for the child, ordinarily with the parents as trustees. In order for them to withdraw a portion of it after that, but before the child turns 18, they need the judge's approval, but it's just a form to fill out, and a rather routine processing of paperwork. I don't think they schedule a hearing unless there is some irregularity.
2006-08-21 13:19:50 · answer #1 · answered by auntb93again 7 · 1⤊ 0⤋
My sister was hit by a guy drunk on a motorcycle when she was three, and almost died.
Of course, my parents sued him, and they won. My sister got money kept in a cd until she reached 18, and my parents didn't receive any sort of income from it.
If it is specified in the settlement, then the parents will get something. If all of the settlement is in a cd for the child, then the parents can't touch the money. There can be money granted out of the cd, but the parents have to file some forms and specifically explain how and why the money is needed and will be used. The parents will then only get some of the money requested.
Speak to the lawyer that handled the case. They should know the answer.
2006-08-21 13:16:19 · answer #2 · answered by volleyballchick (cowards block) 7 · 1⤊ 0⤋
No. It is not yours to touch. Your child won a lawsuit and this belongs to your child when he/she turns 18 and that's why it was put into a CD account. This is not about child support. You would have still had to support your child whether or not there was a lawsuit involved so go about your business the way you did before the lawsuit was won. I would never dream of touching something that belongs to my child..especially "their" money.
Now, if your child wants to share the money with you when they turn 18 then that is their decison. Your child didn't ask to be brought into this world and it's your responsibility to take care of them in every way possible without moaning and groaning about the upkeep of the child.
I have 2 children and I would do anything (legally) to ensure that they are well taken care of even it meant I had to have 3 jobs again.
Oh, and newsflash.....you will still take care of them even after they turn 18 because they are of your flesh and blood and I don't put an age limit on my children because I will always be here to help them out no matter what age they are even when they are off and married.
2006-08-21 13:24:52 · answer #3 · answered by Anonymous · 0⤊ 2⤋
Since the child was the injured party, they should receive the proceeds of the lawsuit. You as their parent are responsible for the upkeep and expenses of the child. The only time I think it would be ethical for the parents to receive some of the funds is if they were needed for extraordinary medical bills caused by the wrong that instigated the lawsuit. You would have to petition the court and get the judge involved to rule on this point. Truly, these funds were put into CDs to prevent parents from wasting money that is rightfully the child's property.
2006-08-21 13:17:31 · answer #4 · answered by TXChristDem 4 · 0⤊ 2⤋
Just what kind of low life are you? How can you even think about stealing from your child? Are you handicapped or have a fatal disease? The reason the Judge put it away was to keep it away from you so leave it alone get a job and do your duty as a parent. This proves it takes more than a six pack to make a parent.
2006-08-21 13:34:59 · answer #5 · answered by iamwelndowd1 2 · 0⤊ 1⤋
Yes. If the parent legitimately demonstrate a financial need that it is for the well-being of the child. A child having money in a CD won't mean crap if the child is living in shelter.
2006-08-21 13:16:08 · answer #6 · answered by Speaking_Up 5 · 1⤊ 0⤋
Obviously your child suffered some sort of trauma or injury as a result of someones negligence etc. to have won a settlement. What kind of parent would want to benefit from a child's misfortune. Who supported the child before the settlement ? The only way you should be able to benefit from the $$$ would be if , as a result of what ever happened to the child, you incurred "extra" expenses ie> special needs , otherwise you'd be stealing. What the hell are you thinking?
2006-08-21 13:22:38 · answer #7 · answered by worldhq101 4 · 0⤊ 1⤋
No, the money should belong to the child and the child alone. Only the child, when they have reached the proper age, should be allowed to touch that money. It is the parents responsiblity to care for the child until the are 18 years of age, so the child's money should not go for their own care and upbringing.
2006-08-21 13:14:54 · answer #8 · answered by Defiant_Rose 2 · 0⤊ 1⤋
It would depend if the child needs extra care as a result of the cause of the law suit, need I would say yes but only for actual extra expenses nothing more.
2006-08-21 13:29:55 · answer #9 · answered by retired_afmil 6 · 0⤊ 0⤋
I suppose in all fairness the parents should be allowed to use some of the money for the childs well-being. Of course a decent parent wouldn't even think about touching that money unless they were very desperate (e.g. starving).
2006-08-21 13:25:23 · answer #10 · answered by Mr. Bojangles 5 · 0⤊ 0⤋