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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3824
Experience:  30 years of experience
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My husband and his x wife are making modifications to their

Customer Question

My husband and his x wife are making modifications to their divorse agreement. A college found has been set up for my step daughter. She is 17. She is requesting that if the minor child does not finish college that she return the remaining funds to her and my husband. She wants the minor child to sign and have it notirized since she is a minor would this be binding with the judge?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 5 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 5 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

As a minor the child is not legally competent to enter into a finacial contract. Not even with their parents. The notarization does not enter into the equation. Whether the college fund can be disbursed depends on how the fund was establsied. That is how is the fund's ownership set up.

If the account is in the parents' names as owner they may disburse it as they wish/ If they set it up in their childsname then it belongs to her.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.