UTMA accounts


#1

What purposes is your Husband using the UTMA account for? If he is using it in a way that is not consistent with what he was required to do under the order, then you can file a motion and order to show cause and ask the court to hold him in contempt for not following the order.

If he is using the money consistent with the order, but is using it to offset his child support obligation, you may be able to file a motion to modify child support based on those facts.

The specific answer to your questions, depends on the specific language in your court orders.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

During the marriage, UTMA accounts were established for my two children. The Court gave complete control of these accounts to my ex husband. My oldest son has turned 21 but the ex continues to act as custodian of these accounts and is reimbursing himself from the UTMA account of my oldest. Judge informed me that my son would have to bring suit against his father and there was nothing that I could do. Ex controls the account of my youngest also and there is a substantial amount of money in these accounts. What I would like to know is whether or not I have any legal right to how this money is spent. These accounts resulted in my years of sacrifice and yet, I have no say whatsoever. Although I have joint legal custody, I cannot do anything in regard to these accounts. I have been ordered to pay 50% of all costs for my 13 year old son when the ex has over 20,000 more per month than me and can spend the UTMA money for the benefit of my child. I just do not understand this. This just doesn’t seem right. Thanks.