Legal Question in Family Law in Texas

Juvenile Earnings

More than 10 years ago Mom abandonded dad & 2 daughters. Dad got full custody and mother was granted supervised visitation. Oldest child was 5 at time of divorce, now 17. At age 14 daughter began being rebellious, promiscuous, truant, using alcohol & drugs. Went through councelling and rehab hosp. OD'd then started attending AA. Did well for a year. During that year (16) she worked, saved money & dad bought her a car (in his name). After 1 year, old behaviour patterns & problems resurrected. She had been told if she started using again, the car would be sold. Car has been sold. Is it legal for dad to place the earnings and proceeds from sale into a savings account for daughter and not disperse the funds to her until she is 18?


Asked on 8/17/01, 5:17 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Juvenile Earnings

I have several comments which you can choose to ignore.

First, you can be sued by anyone at anytime for anything.

Second, you sold a car in your name. There is no theft issue that exists if you sold a car that belonged to you.

Third, your daughter can always sue you in small claims court for anything. She would have to prove her case and her harm to the Judge.

Fourth, I have a teen-ager, I don't think I would ever have this problem since I am in charge of my home and my kid does not rule my home. If she ever threatened me, she knows that I would really be upset. She does not like it when I am upset. I would not be inclined to help her in anyway at any time if she threatened me with litigation.

Fifth, as your minor child, you are in charge of her until 18. This is a horrible example but a child is like a piece of property that you own.

I think it is nice of you to put the money into a savings account for her.

Be aware that if you put it into an account entitled Uniform Gift to Minors Act acct she gets it on her 18th birthday. If she is doing drugs, I would be concerned about her accessing this money for drugs.

You can always put it in your name and disburse it when you want to.

Or you can set up a trust and she won't get any money until the guidelines you establish in the trust are met.

Good luck!

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Answered on 8/18/01, 12:53 pm


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