Can I access some of my child’s settlement money before they turn 18?

Short answer: Possibly — but in Idaho you usually need a formal vehicle (court approval, a custodial account, a conservatorship/guardianship, trust, or structured settlement) to hold and release a minor’s settlement money early. A judge will generally allow early access only if the proposed use is in the child’s best interest (for example, health care or education) and the release is properly supervised. This article explains the common options, how courts decide, and practical steps to seek early disbursement for college or medical expenses.

Detailed answer — how it works in Idaho

Minors cannot usually manage large settlement funds themselves. When an injury, insurance claim, or lawsuit produces money for a child, Idaho law and courts aim to protect that money until the child becomes an adult. The mechanism the parties use to hold and control the money determines how and whether funds may be accessed before age 18.

Common ways settlement money is held

Custodial account (UTMA/UGMA style) — Some settlements are placed into a custodial account under the Uniform Transfers to Minors Act (UTMA) or similar state custodial rules. A custodian manages the money for the child until the statutory age (UTMA ages vary by state). The custodian must use funds for the child’s benefit. In Idaho, statutes and probate/guardianship rules govern custodial transfers and related duties; look to the Idaho statutes and Idaho courts for the governing rules.
Conservatorship / guardianship of the estate — If the recovery is large or complex, the court may require appointment of a conservator or guardian of the child’s estate. The conservator manages the funds under court supervision and must petition the court for major expenditures or court approval to settle claims and to make distributions.
Trust — Parties sometimes create a trust for the child. A trustee holds and administers trust assets according to the trust terms; the trust can expressly allow distributions for education, health care, and other needs before age 18 (or some other age).
Structured settlement annuity — The settlement can be converted into scheduled payments (an annuity). Structured settlements can include early payments for certain needs if the structure allows it.

When can funds be accessed early for college or medical expenses?

The answer depends on the vehicle controlling the funds:

If the money sits in a custodial account or under a conservatorship, you generally must show the court or custodial rules that the proposed withdrawal is for the child’s benefit (education, medical bills, therapy, etc.). Courts weigh whether the expenditure is reasonable and necessary and whether alternate resources exist.
If a trust explicitly allows distributions for education or medical care, the trustee can release funds under the trust terms without further court permission (subject to fiduciary duties and state trust law).
If the settlement required court approval originally, the settlement order or judgment may include instructions about access or require future court approval for withdrawals.

What will a judge consider when asked to allow early disbursement?

Judges decide based on the child’s best interest. Typical factors include:

Nature and amount of the settlement
Specific purpose of the withdrawal (tuition, housing, medical treatment, therapy)
Whether the expense is reasonable, necessary, and directly benefits the minor
Whether other sources can reasonably cover the expense (insurance, financial aid, parent resources)
Whether the custodian/conservator or trustee followed required procedures and provided proper accounting

Typical steps to seek an early disbursement in Idaho

Identify how the settlement is held (custodial account, court-ordered conservatorship/guardian, trust, or structured settlement).
Review the settlement documents and any court order that approved the settlement. Those documents often state whether the court must approve future withdrawals.
If a conservator or guardian exists, have that person petition the court for authority to pay specific educational or medical expenses. The petition should include invoices, admissions letters, treatment plans, and an explanation of why the expense benefits the child.
If there is a trust, ask the trustee for a distribution following trust terms. If the trustee denies the request, you may need to ask the court to interpret the trust or compel a distribution.
If there is only a custodial account under a transfer-to-minor law, the custodian must follow the statutory standard for using funds for the minor’s benefit; document the need and keep records.
Be prepared to provide formal documentation — cost estimates, acceptance letters from colleges, itemized medical bills, and any insurance denials.

Examples (hypothetical)

Hypothetical A: A parent wants to use part of a $200,000 court-approved settlement to pay the child’s college tuition at a state university. The child’s settlement is in a conservatorship. The conservator petitions the court with the college acceptance letter, tuition invoice, and a plan showing remaining funds will still support the child’s future needs. The judge can authorize the conservator to pay tuition directly from the conservatorship funds.

Hypothetical B: The child needs ongoing physical therapy costing several thousand dollars per year. The settlement sits in a custodial account and the custodian pays the therapy provider after documenting medical necessity. If the custodian is uncertain, they can ask the court to approve the payment to avoid later accounting problems.

Practical considerations and costs

Court petitions, accountings, and hearings take time and cost money. Legal fees and court costs can reduce available funds.
Structured settlements and trusts can provide certainty and tailored distribution rules but require careful drafting (an attorney can help).
Documentation is essential: keep invoices, letters, and proof the expense benefits the child.

Where to look in Idaho law

Idaho’s statutes and court rules govern guardianships, conservatorships, and probate matters and provide the framework for court-supervised management of minor’s funds. For the text of Idaho statutes and to locate specific provisions, start with the Idaho Legislature’s statutes portal: https://legislature.idaho.gov/. For court forms and practice information about guardianship and conservatorship procedures, see the Idaho Judicial Branch: https://www.courts.idaho.gov/. If your case involves a trust or structured settlement, related rules and federal tax considerations may also apply.

Helpful hints

Document everything: acceptance letters, invoices, treatment plans, and an explanation of why payment from the settlement is necessary.
Check the settlement documents first — they may already name the method for holding funds and set rules for early distributions.
Ask whether a trust would better meet long-term goals (education, disability planning) versus a conservatorship or custodial account.
Keep in mind financial aid rules — large distributions may affect eligibility for need-based aid; consult a financial aid officer before large withdrawals for college.
If the child has a disability, a special needs trust can preserve eligibility for public benefits while allowing funding for supplemental needs.
If a conservator or custodian denies a reasonable request, you can ask the court to review and authorize the distribution.
Get legal help early. A lawyer experienced in Idaho guardianship/probate and minor’s settlements can prepare the proper pleadings and help present the case to the judge efficiently.

Next steps

To pursue an early distribution, gather the settlement documents and the invoices or letters that justify the payment. Then consult an Idaho attorney who handles guardianship, conservatorship, probate, or minor’s settlements. An attorney will tell you whether you should petition the court, seek trustee action, or use custodial rules to access the money.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Idaho attorney.