BM wants SS to pay her back all the money she gave him for school

Anonymous 7

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AZLizardLady wrote: Fri Nov 08, 2019 8:43 pm
Traci_Momof2 wrote: Fri Nov 08, 2019 11:53 am
AZLizardLady wrote: Thu Nov 07, 2019 10:17 pm Since he's an adult, this really is between your SS and his biological Mom.

He has every right to change his major and a sincere best of luck to him.

However, this is HER money and she does not need to continue paying for his education. There is no legal obligation on her end to do so.

I think she's being controlling and petty but...again....her money to choose to do with how she wishes.

This will end up hurting her more so in the end.
I disagree that it's still her money. When she decided to put it into the college fund, she relinquished control and decided "yes this money can be used for son's schooling in any way he sees fit for schooling". Because I'm pretty sure there are fund rules that she can't even go into the fund now and withdraw everything and put it into her own checking account. It doesn't work that way. Anyone who has contributed to the fund has relinquished control of that money and it is solely controlled within the rules of the fund itself.
Remember the old term (and probably non-PC) 'indian giver'? You can't just give something for something and then later decide 'oh no I changed my mind I want it all back'. Life doesn't work that way.
According to the OP's response to me, the BM in this story no longer contributes to the college fund.

It's still a gift and as such, should not be seen as something that a child is entitled to or has control over. Life does indeed work that way, no matter if it's wrong or if it's wrong.

The fund itself was set-up by the BM and from what I've read, a few other people, all of which have contributed. They can pick and choose to continue to contribute to even removing their funds. There is nothing illegal about it.
OP said it was a "college fund", she didn't specifically say it was a 529 plan
BM can only withdraw money or name another beneficiary if it is a 529 plan.
If its some other college fund, she cant withdraw any money unless she is authorized on the account.
If BM was authorized to take money out of the fund or account, she would have by now.
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lauren08
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Traci_Momof2 wrote: Fri Nov 08, 2019 11:46 am My opinion may not be popular but my opinion is that once she decided to put her money into the college fund, she was making the decision to relinquish control of the money and essentially giving it to him. At that point, it is his decision what to do with it within the rules of the fund itself. If she wanted more control she should have put it into a regular savings account and then she could have forked it over at the time of his schooling under her own rules. As it is I say she is SOL and it is his college money for him to spend on college in whatever major he wants to go for.

Parents need to realize that your kids are not yours to control forever. When they graduate HS and go off to college they are making their own life decisions. Your decisions as the parent are whether to allow them to continue to live at home, and whether to currently give them any money out of your own account. That's pretty much it. What school they go to, what they decide to major in, all that stuff is not your decision. It is their life, their decision. And the only reason you would have to want to retain control over stuff like that is you are either a control freak or you don't trust your own parenting for the past 18 years. Either way, get over yourself. (This paragraph all a general "you")
I could not agree more with everything you said!!
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she can't so he's good to take whatever classes he can afford
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Anonymous 5 wrote: Fri Nov 08, 2019 2:18 pm
PoplarGrove wrote: Fri Nov 08, 2019 12:09 pm
Anonymous 5 wrote: Fri Nov 08, 2019 4:44 am
She can change the beneficiary to another child, a stepchild, a foster child, a parent, an aunt or uncle, a niece or nephew, or a first cousin. I mean, she won't. She probably doesn't even know about this option. But she could.
If they're like my kids plans that can only happen if the person doesn't attend post secondary education or dies, once they turn 18. The parent can only transfer where the funds go before they're handed over to the person.
Of course they can still be transferred even after some funds have been disbursed to the original beneficiary. What do you think happens to leftover funds?
Well, leftover funds would mean the person is no longer attending post secondary education or is dead. And, in the case of my kids, the person the fund was for has to sign if they're alive, if they're dead it would be dealt with through probate. My children have the option to transfer any remaining funds into a retirement account.
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