What right does a guardian have to keep proceeds from a settlement check after a minor turns 18?

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What right does a guardian have to keep proceeds from a settlement check after a minor turns 18?

My son was in a car accident at 16 in California. His first settlement check $6700 was cut to me as his guardian. The check came to me because the first payment was made was when he was a minor age 17. The plan was for me to give it to him when he graduated HS at 17. He basically flunked out of school for 2 years and he’s now 18 and I am still supporting him while he’s attempting to get is HS diploma. I send $600/month to his mother for “child support”. He is threatening to sue me for the $6700. Court order states first check will be written to me his as his uardian. Since I am still paying for his expenses, what rights does he have?

Asked on December 15, 2010 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

The court order must say more than that.  There should be something known as an infant's compromise order that was submitted to the court for approval.  And what does it say that you are allowed to do with the money?  Just turn it over to him?  Not to pay for necessities?  Then you have to turn it over to him.  I woud take all the paperwork to an attorney for them to review.  I would not take the chance that you have misappropriated any of his funds.  It sounds funny that it would be written to you and not to a fund for him when he reached majority.  Get help.  Good luck.


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