Legal Question in Family Law in Connecticut
Student's Education Account
My 23-year stepdaughter's education account was set up when her parents (my husband and her mother) divorced. Her mother uses the account to manipulate and torment her daughter, by refusing to release funds for college on a whim. Neither my stepdaughter, nor my husband can get funds released without the approval of her mother. Now that she is of legal age, does my stepdaughter have any legal recourse to help to change the way the money is dispursed, so that she can pay for school? My husband has done as much as he could, by at least getting the money into a fund that was protected. Her mother would not consider renegotiating with him. My stepdaughter is doing very well in college, holding down a full-time job and trying to get herself independently on track. I don't know who to tell her to call. The divorce was filed in the state of Connecticut. Thank you.
2 Answers from Attorneys
Re: Student's Education Account
Was the account set up as part of the divorce decree? If so, (although I'd have to see the decree) it's likely that someone will have to go back to court. If not, whose name is on the account? Depending on how it's titled, maybe the father can simply empty the account and give the money to the daughter. It's always possible for the daughter (especially with the concurrence of the father) to go to court to get the money released. Often, just the threat of that is enough to spring the money. (Especially if the mother doesn't have a ton of money to pay a lawyer).
Re: Student's Education Account
Is the father's name on the account? If so, he should go down to the bank and find out if he can take the money out of the account. Or, the daughter can go down to the bank and find out if she can take the money out as an adult.
If the account was established as part of the divorce decree, depending on the wording of the decree, the father may be able to file a motion in the divorce case to request release of the funds to the daughter directly, or the father, as custodian.
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