Can a parent access a child’s settlement funds before age 18 under Kansas law?

Short answer: Possibly, but only with court approval or through a legal arrangement that protects the child’s interest. Kansas law aims to protect settlement money for minors. Parents cannot unilaterally spend or withdraw a child’s settlement funds for college or medical bills without following the proper legal steps.

Detailed Answer — How Kansas law treats a minor’s settlement funds

When a minor in Kansas receives money from a lawsuit, insurance settlement, or judgment, the courts treat that money as the minor’s property. The Probate Code and related court procedures require steps to make sure the funds are used for the child’s benefit and not dissipated by others.

Typical legal routes to manage or access a minor’s settlement include:

Court-approved compromise and distribution: If a parent or guardian settles a claim on behalf of a minor, the settlement generally must be filed with and approved by a Kansas probate or district court so the court can protect the minor’s interests. The court may require notice, a guardian ad litem for the child, and an accounting of the proposed distribution. See Kansas Probate Code, Chapter 59 (probate and guardianship provisions) for general rules and procedures: https://www.ksrevisor.org/statutes/chapters/ch59/.
Blocked bank accounts or court-ordered trust accounts: Courts often order the settlement funds placed in a blocked account or a court-supervised trust that restricts withdrawals until the child reaches adulthood or until the court authorizes disbursements for particular needs. Banks offer “blocked accounts” that only release money on written court order.
Guardianship or conservatorship of the child’s estate: If the child lacks an appointed guardian of the estate (also called a conservator in some jurisdictions), a court may appoint one under the Probate Code to manage the child’s money. The appointed fiduciary must act for the child’s benefit and usually must get court approval for major expenditures. See Kansas Probate Code, Chapter 59: https://www.ksrevisor.org/statutes/chapters/ch59/.
Structured settlements or annuities: A structured settlement spreads payments over time. If a structured settlement is established for a minor, the contract and court approval can be designed to provide funds for education, medical care, or living expenses at specified times while preserving the child’s long-term financial security.

In practical terms, this means:

If you want to use part of the money for college tuition, medical expenses, or another important need before the child turns 18, you must usually ask the court to approve that distribution. The court will evaluate whether the requested use is in the child’s best interest and consistent with the purpose of the settlement.
Court approval often requires filing a petition that explains the requested withdrawal, attaching evidence (bills, tuition invoices, medical estimates), and sometimes presenting a plan for the remaining funds. The court may request a guardian ad litem or other review to protect the child’s interests.
Courts give priority to necessities: reasonable medical care and education often weigh in the parent’s favor, especially when the request is documented and the withdrawal does not cripple the child’s long-term financial security.

Hypothetical example

Suppose a 15-year-old in Wichita received $100,000 in a personal-injury settlement held in a blocked account after a certified court filing. The parents want $25,000 to pay for the child’s upcoming specialized medical surgery and $10,000 for a college prep program. The parents would file a petition with the probate or district court asking for partial distribution for specified expenses. The court would review evidence (medical records, invoices, surgeon’s estimate), may appoint a guardian ad litem, and then likely approve releases that pay providers directly or permit limited withdrawal for the surgery and the educational program while leaving the remainder protected for the child’s future.

What the court will consider

Whether the requested use benefits the child and matches the purpose of the settlement (e.g., medical care tied to the injury).
The amount requested relative to the total settlement and the child’s future needs.
Whether the parents or guardian have accounted for the funds and proposed a reasonable plan for the remainder of the money.
Any objections from interested parties or concerns about improvident spending.

Steps to take if you need some of the funds early

Keep all settlement paperwork and court orders safe.
Gather documentation showing the specific need (invoices, estimates, school acceptance letters, medical records).
Talk with the attorney who handled the settlement — they often file the required petition or can recommend a probate attorney.
File a petition in the appropriate Kansas court asking for a partial distribution or permission to establish a payment plan. The court may ask for detailed accounting and proof that the withdrawal serves the child’s best interest.
If the court approves, have payments go directly to the medical provider or school when possible. Courts prefer direct payment to protect the child’s funds.

Where to find Kansas law and forms

Relevant statutes and general probate/guardianship rules reside in the Kansas Probate Code (Chapter 59). You can review the chapter here: https://www.ksrevisor.org/statutes/chapters/ch59/. For court procedures, local district court clerks and the Kansas Judicial Branch website provide guidance on petitions and required forms: https://www.kscourts.org/.

Helpful Hints

Do not withdraw or spend the child’s settlement money without court approval — doing so can expose you to legal liability and a court-ordered repayment obligation.
Collect invoices and written estimates before you petition the court. Specific documentation improves the chance of approval.
Ask the court to pay providers directly (hospital, surgeon, school) rather than disbursing cash to a parent.
Consider structured settlements or trusts if a large award exists. These tools can provide predictable payments while protecting the child’s long-term interests.
If the other parent or a third party objects, expect the court to hold a hearing. Be prepared to explain how the requested use benefits the child.
Work with an attorney experienced in Kansas probate or guardianship practice to file the petition and present the request correctly.

Final note and disclaimer: This article explains general principles of Kansas law for informational purposes and is not legal advice. The rules that apply to a particular case depend on the facts and the exact court orders involved. For help with a specific matter, consult a licensed attorney in Kansas who handles minor settlements, guardianship, or probate matters.