Legal Question in Family Law in California
My 8 year old son and I was awarded a few grand in a personal injury case. My son's award had to be put in a locked account until he turns 18 years old. I have been unemployed since the beginning of 2009, and haven't found decent work yet. My wife may be getting laid off soon, and we are having problems providing for our household and children; we are on the path of foreclosing our home and are expecting our third child in December. How do we motion the courts to order an early withdraw on my childs money for living expenses?
1 Answer from Attorneys
California Rules of Court, rule 7.954 set forth the procedures for petitioning for the withdrawal of funds deposited for a minor. http://www.courtinfo.ca.gov/rules/index.cfm?title=seven&linkid=rule7_954
You can access the court's website at http://www.courtinfo.ca.gov/forms/
to find the forms that you need. You should be aware that judges are often very reluctant to allow parents to remove money from a minor's blocked account for expenses that should be paid for by the parents.