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Children's Bank Accounts

Started by Reyna, Nov 09, 2004, 11:15:44 AM

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Reyna

I am not sure where to post this, but since after 6 hellish months of a horrible custody battle in which we won only one child, yes you heard me right. My husband was able to get custody one child out of that abusive home they were living in and one child has to stay (for now). Trust me this fight is far from over. It is a very bittersweet victory for all of us.

My question is, the mother, by court order was told to give the child all personal possesions, including but not limited to clothes, toys and bank accounts. Now she says the bank account is empty used for her own personal use. Our attorney is reseasrching the laws on this, but in the mean time does anyone know anything about this. I thought I remembered a new law being passed because of some child actor fighting his mother over his money.

Maybe I am wrong, maybe mothers can steal as long as it is from their child...sorry for the sarcasm, but this just makes me sick.


MYSONSDAD

I would go to the bank and ask them. When the child is a minor, it is customary to have a parent listed with them on the account. Beneficiary or co-owner? This is also customary on Savings bonds and Educational IRA's.

The bank should be able to answer some of your questions and review their policies.

In my opinion, it is stealing...

"Children learn what they live"

Reyna

She has switched the accounts so many times, that a paper trail needs to be done. This is 14 years of birthday checks, Christmas money etc. The kids were never allowed to spend any money they got, all of it had to be put into their accounts. How do you heal a relationship between a mother and her children when she steals their money.

Thanks for the response!!!

MYSONSDAD

I don't know if you can heal.

Do the paper trail and get things documented.

I cancelled all accounts immediately and started new ones. That way our sons savings is his, not hers.

Her family put savings bonds in her name instead of our son's, nothing I can do about that. She has already cashed them out.... I did make copies for future reference.


"Children learn what they live"

Lawmoe

First of all, your lawyer should acquire the history of the bank account by acquiring all bank statements.  If the mother dissipated the asset after or near the time of the court action in an apparent attempt to avoid turning the funds over, the court can order her to repay the accounts.

If there is a divorce decree, that should also specify whether the custodial accounts were to be maintained for the children. If it does, then again, the court can order it repaid.

If there is no Court order and the funds were depleted well before the Court action, there is little the Court can do. There can be no civil suoits since, unlike cases where children sue their parents, this child did not earn the money through theuir own labor (television performances etc...)  It is the parent's asset to expend as they see fit.

Bolivar

Please know - I DO understand the emotional stress you are under.  If you read some of my posts, especially on other boards, I can vent with the best of them.

How much are you paying your lawyer per hour?  Lets say $200-300 hr.  The next question, how much money could there possibility in the account?

Pick your battles.


Stay focused.


*!*!* Congratulations on being able to nurture a child to adulthood!!  This is a GREAT gift indeed.  In 10 years the money issue will mean NOTHING.

MYSONSDAD

I don't know if you can heal.

Do the paper trail and get things documented.

I cancelled all accounts immediately and started new ones. That way our sons savings is his, not hers.

Her family put savings bonds in her name instead of our son's, nothing I can do about that. She has already cashed them out.... I did make copies for future reference.


"Children learn what they live"

Lawmoe

First of all, your lawyer should acquire the history of the bank account by acquiring all bank statements.  If the mother dissipated the asset after or near the time of the court action in an apparent attempt to avoid turning the funds over, the court can order her to repay the accounts.

If there is a divorce decree, that should also specify whether the custodial accounts were to be maintained for the children. If it does, then again, the court can order it repaid.

If there is no Court order and the funds were depleted well before the Court action, there is little the Court can do. There can be no civil suoits since, unlike cases where children sue their parents, this child did not earn the money through theuir own labor (television performances etc...)  It is the parent's asset to expend as they see fit.

Bolivar

Please know - I DO understand the emotional stress you are under.  If you read some of my posts, especially on other boards, I can vent with the best of them.

How much are you paying your lawyer per hour?  Lets say $200-300 hr.  The next question, how much money could there possibility in the account?

Pick your battles.


Stay focused.


*!*!* Congratulations on being able to nurture a child to adulthood!!  This is a GREAT gift indeed.  In 10 years the money issue will mean NOTHING.

Reyna

I do understand what you mean about battles, my SS is 14 and has put every dime into this account and has asked at Christmas and on Birthdays for all grandparents, uncles, aunts, cousins,  etc to give him money, he has over $10,000 in this account, so for her to steal it is a big deal. I believe she used it to pay her legal fees.  

We did not fight this battle for us, because the money is not ours, it is his and we won, she has agreed to sign the papers stating she will return the money, but will she...Nope. Then will wonder why this kid hates her so bad. This is not the first horrible thing she has done and I am sure it will not be the last.

These papers that were signed changing custody are the saddest things I have read. Everything my husband wanted in them was helping both parents keep a relationship going, visits, phone calls, e-mails etc. Everything she wanted in were stupid...we cannot have the daughters hair cut on visits, the kids cannot call me anything but by my first name (they started calling me mom, their choice), if SS does not want to call her, we have to dail the phone hold it to his ear and force him to speak (yes those are the words), and of course money her main concern and I could go on and on.

All I know is we won and my SS will now be able to live in a healthy home and get into therapy to deal with the abuse he has been in.