Child Support Back Payment Taken by Adult Children
A mother was recently paid $20,000 in back child support owed by her former husband. Two of three adult children coerced her into depositing the money in one of their bank accounts (in their name only). After she signed the money to have it deposited into one of the children's account; she and her sister informed the mother that they felt the money belonged to them and told her that they were keeping the entire $20,000. What legal recourse does she have? She absolutely had no idea this is what they planned to do once they convinced her to deposit it into their account for safe keeping. Their actions were premeditated. Please advise.
Money Placed in Child's Account
How did she believe the money would be safer in her child's account than in her own? A larger vault at her child's bank? I apologize for my sarcasm, but that is something she will likely be called upon to explain if she attempts to recover the money, which her children will almost assuredly claim was a gift.
Her rationale for recovery under the laws of most states would most likely be to try to assert a "constructive trust" - that, although the money was held by her child in her child's name, it was known and understood to belong to the mother, and that it would be inequitable to allow the child to keep the money. She may also have a claim for fraud, and a full review of her case may reveal additional avenues for recovery. It would be a very good idea for her to seek the assistance of a lawyer, if she has to litigate this issue.