daughters settlement

Pursuant to Ohio law, all settlements for injuries/damages to a minor person (under 18 years old) have to be approved by the probate court of the county where the minor presently lives.  Once the probate court approves the settlement, it will make a determination whether a guardian needs to be appointed concerning the money or not.  Generally speaking, if the net settlement (after attorneys fees, expenses, medical bills, health insurance lien, etc. are deducted) is $25,000 or greater, the court will require that a guardian be appointed.  Usually this is a parent.  Regardless of the amount, the court will require that the money be deposited into a restricted account, which means that the money cannot be withdrawn without prior probate court approval.  Once the minor turns 18, by law they can withdraw the money at their leisure.  The only way your ex-wife would be entitled to any money from the settlement would be if she had a  claim for medical bills or other expenses that she paid on behalf of your daughter related to the incident.  For example, if she paid for co-pays and/or deductibles for the medical bills related to the incident, then she is entitled to be reimbursed for those.  She will need to request that money in the application to approve the minor settlement, and the court will order whether or not she is to be reimbursed.  If the court awards her reimbursement, the money will be paid to her immediately upon disbursement of the settlement.  If she fails to ask for it in the application or the court denies the request, she is not entitled to any monies from the settlement. Other than that, she would not be entitled to any money from your daughter unless otherwise awarded by the court in probate process.  Therefore, once your daughter turns 18, she could withdraw the money from the restricted account and she would be entitled to all the money in the account.