529 plan in ex-husband’s name for daughter

UPDATED: Oct 1, 2022

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529 plan in ex-husband’s name for daughter

My grandparents supplied 10K for my child prior to my divorce. Then husband placed it in his name for her in a 529 plan. At our divorce I was granted visible access to the account to insure he did not move or empty the account. Now it’s time to use the 529 and my ex says its his to use for her education and not mine. We are splitting college and expenses. What can I do allow that account o be used for her and not for

Asked on November 17, 2017 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Please read your Stipulation of Settlement which should have addressed this issue when you divorced. If as you say you were granted access to the funds but what exactly does that "access" entail?  I think your intent was to apply the funds first then split the tuition bill after and that needs to be dealt with asap.  Go and speak with your attorney.  Good luck.

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