QUESTION
What are the significant reasons a judge will approve an advancement on a minor's blocked account?
Asked on Dec 31st, 2013 on Personal Injury - Michigan
More details to this question:
I am the trustee appointed for my daughter's settlement. It has already been granted and will be funded to the bank as a blocked account. With complete understanding that it is my daughter's monetary, I was hoping the judge would approve a small portion in advance for my daughter to be able to use. She is 5 years old and went through a lot. I want her to feel the relief and know she was compensated for her injury. How can I work this out for a judge to approve.
7 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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For a five year old just love her.spending her money would not likely be an option. I don't think a judge would let you do what you say. that is the whole purpose of holding the child's money so the parents wont spend it.
Answered on Jan 03rd, 2014 at 2:24 PM
Thomas Edward Gates
You need to file a motion with the court on why you need the funds and what specifically it will be used for. If it is for anything you are responsible for as the parent, it will not likely be approved.
Answered on Jan 03rd, 2014 at 2:24 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you can do is ask and explain how much you want and why.
Answered on Jan 03rd, 2014 at 11:07 AM
James Eugene Hasser
The money can only be used for the minor's benefit for "necessary" items. Usually, the law on minor settlements spells out the type things the money can be used for. Get with the lawyer that settled the case for a list of those items. If you don't have a lawyer, get with the Clerk of the Court and see if they have info on that for you. Good luck.
Answered on Jan 03rd, 2014 at 11:03 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Write up an affidavit to be submitted to the Judge upon signing the order approving settlement. State exactly how much you propose to spend on your daughter, what you are going to spend it on and when, and why you want to do this. Attach documents showing what it is and how much it costs. I doubt the judge will approve it, but there's no harm in asking.
Answered on Jan 03rd, 2014 at 11:01 AM
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You will probably have a hard sell. The law in Wisconsin requires a child's parents to provide support for the child until the child becomes an adult. When a settlement is made on behalf of a child, the traditional court order requires the money to be held in trust until the child becomes an adult. There usually has to be a pretty good reason for a judge to approve an early release of funds being held in trust.
Answered on Jan 03rd, 2014 at 10:57 AM
Ronald A. Steinberg
First, as her parent, you are legally responsible for just about anything and everything that your child needs. You cannot (in most jurisdictions) require your child to pay for things that are actually your responsibility. I really cannot think of any reason that a judge would grant a distribution for a 5 year old kid..Perhaps to pay for college or something that would truly benefit her, but at the age of 5, I would be dismayed if a judge approved a distribution.
Answered on Jan 03rd, 2014 at 10:54 AM