Can funds from a minor’s legal settlement be used for college or medical costs before age 18?
Detailed answer — How Wyoming handles early access to a minor’s settlement funds
In Wyoming, money recovered on behalf of a minor (for example, by settlement or judgment for personal injury) cannot simply be spent by a parent like other household money. Courts and state rules protect the minor’s property until the minor reaches the age of majority. That said, Wyoming law and court practice provide several common paths to use settlement proceeds for a minor’s medical care, education, or necessary living expenses before the minor turns 18. Any early access must be done in a way the court approves or under a statutory custody arrangement so the court can ensure the money is used for the minor’s best interests.
Key routes to lawful early access:
- Court-approved minor settlement (Compromise): If a lawsuit or claim is settled for a minor, Wyoming courts typically must approve the settlement or the disposition of those funds. The court may authorize a portion of the settlement to pay medical bills, funeral expenses, or other immediate needs and can order the remaining funds placed in a protected account, trust, or under a conservator/guardian.
- Guardianship or conservatorship of the estate: A court-appointed guardian or conservator manages the minor’s money and can petition the court to pay funds for the child’s health, education, maintenance, or support. The guardian must account to the court and follow court orders.
- Custodial (UTMA/UGMA-type) accounts: Where a custodial transfer statute applies, a custodian holds funds for the minor’s benefit and may spend them for the minor’s needs (which often include health and education). The custodian’s authority and the age at which the minor gains control depend on the applicable Wyoming rules. (See state statute resources below to confirm current custodial rules.)
- Trusts or structured settlements: The parties can place settlement proceeds into a trust or structured settlement that specifically allows distributions for education or medical costs. The trust terms (or structured settlement) can allow payments to providers or reimburse parents for approved expenses before age 18.
- Blocked bank accounts with court permission: A court can order the settlement deposited into a blocked account and later authorize withdrawals to pay specific expenses for the minor.
All of these routes require documentation and, in most cases, a court filing so a judge can evaluate whether a proposed use of funds serves the minor’s best interest. Wyoming judges balance current needs (medical bills, schooling, therapy) against preserving funds for future benefit.
Typical process to get money out for college or medical care
- Hire an attorney experienced with Wyoming minor settlements or guardianship. They prepare and file the necessary petitions and paperwork.
- File a petition with the appropriate Wyoming court asking for approval of the settlement or for authority to disburse part of the funds for specified expenses (medical bills, tuition, etc.).
- Provide supporting evidence: medical bills, school cost estimates, expert statements, receipts, and a proposed accounting or protective plan for the remainder of the funds (trust, blocked account, custodial account, etc.).
- Attend a hearing where the judge evaluates whether the requested disbursement is reasonable and in the minor’s best interests.
- If the judge approves, the court signs an order directing payment to providers, parents (if reimbursement is approved), or a trustee/custodian per the order.
What courts look for when approving early distributions
- Clear, documented need (medical records, bills, tuition invoices).
- Evidence that the disbursement is for the minor’s benefit and not for the parent’s unrelated debts.
- A plan for safeguarding the remaining funds (trust, conservatorship, or blocked account).
- Reasonable fees and expenses for attorneys, guardians, or conservators.
Special situations to consider
- College costs: Courts commonly allow payment of tuition, fees, room and board, or education-related costs if the petition explains the education plan and cost estimates. A trust or structured agreement that provides direct payments to the college is often the easiest route.
- Medical expenses: Courts frequently approve payments for necessary medical care, ongoing therapy, or rehabilitation if supported by medical records and billing.
- Disabled minors: If the minor has a disability, a special needs trust or other tailored arrangement may be needed to protect eligibility for government benefits. A court-approved trust designed for special needs can allow distributions for education and medical care while preserving benefit eligibility.
Practical steps parents or guardians should take now
- Preserve all medical bills, treatment records, school invoices, and expense estimates.
- Do not spend the settlement funds without court approval.
- Talk with an attorney who handles minor settlements or guardianships in Wyoming early. They can explain local court practices and prepare the best petition.
- Consider putting funds in a secure, interest-bearing account or trust until the court rules.
Tax and financial aid effects
Using settlement funds for college or medical costs can have tax and financial-aid consequences. Interest earned on settlement funds may be taxable. If settlement funds are counted as the student’s assets, they can reduce need-based financial aid eligibility. A trust arrangement or proper custodial planning may reduce negative financial aid impact. Consult a tax advisor and the financial aid office for specifics.
Where to look in Wyoming law
Statutes and court rules govern how a Wyoming court handles minor settlements, guardianships, and custodial arrangements. For general statutory materials and to find the most current Wyoming code provisions that apply, use the Wyoming Legislature’s statutes page and the Wyoming Judicial Branch site:
Because statutory citations and local practice can change, an attorney licensed in Wyoming can point you to the exact statute or rule that applies to your situation and will cite the current code sections in any court filing.
How an attorney can help
An attorney will:
- Prepare and file court petitions seeking approval for settlement or distributions for specified expenses.
- Gather and present medical, educational, and financial evidence to justify early distributions.
- Draft trust terms, structured settlement documents, or conservatorship plans that protect the minor’s future benefit.
- Handle court hearings and required accountings to the court.