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  Home >> Special Situations >> Minors  
How to Open a Custodial Account

My sister would like to open up a savings account on behalf of her son; however, she has two liens against her. How can she open up an account and keep them from garnishing it? This account is strictly for her son (child support).



Your sister should get a legal opinion concerning her state's laws on attachment or garnishment. It's possible that an account set up under her state's Uniform Transfers to Minors Act (UTMA) would protect her son's funds from her creditors. Money put into such an account becomes the minor's property under the law, but it is managed by the custodian of the account (an adult, presumably your sister) for the benefit of the minor. She would be obliged to transfer control of the funds to her son when he reaches the age specified in the UTMA (normally 18 or 21; in some states a designated age in between). In the meantime, she could use the funds for his benefit or give him some of the funds, or a mix of the two.

Published on BankingQuestions.com 6/02/10