So my kids were in a wreck with my wife 2 of the children are her step kids. The children's mother and I have nothing in the court system for custody and we were not married. When the benefits come out to my kids which are in the amount of $3000.00 who will get to decide how the money is spent on my kids. My ex has called the insurance company and told them she is the sole custody parent and that she wants the checks written to her. Can she do that? The insurance is in my name and I pay it does that matter?
Under Tennessee law, settlements of accidents involving minors must be approved by a judge. The insurance company isn't supposed to distribute any money without having a court review the settlement to be sure it's fair to the kids. The court will almost always pay the money into an escrow account at the courthouse to be held until they turn 18. This protects the money from parents or others who might try to take the money from the kids; it also protects the money from kids who want to blow it on something rather than save it for college or a car when they are older.
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.
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