Legal Question in Family Law in California
I want to know how to get funds from my daughter's court blocked account. I do work but I am financially strained. The money will be used to pay debts, get a car that will be used to take her places and the money will be used for braces that are not covered by my insurance....
Under what circumstances would funds be approved for withdrawal she is 12 now and I am having trouble affording things.
1 Answer from Attorneys
Shame on you. The reason the law requires a minor's judgment or compromise to be placed into a blocked account is so their thieving parents can't take it.
At the time the blocked account was set up, the court either ordered that the funds shall not be disbursed without further order of the court, or the the depository allow withdrawal by the minor when he/ she reached the age of minority. (Cal. Rules of Court, rule 7.953.)
If you want to withdraw money from a blocked account, you have to file a petition with the court. It is form MC-387, and you can find it here: http://www.courtinfo.ca.gov/forms/fillable/mc357.pdf
You also would have to submit a proposed order, on form MC-358.
In Los Angeles County, you have to file that petition with the probate department. I hope the judge yells at you.
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