What are minors rights to their income?

[JacobsMom]

Clearwater, Florida

Our son works part-time and we gave him the opportunity to manage his money independently and responsibly while teaching the importance of saving for a car and overall future. He ended up not taking our advice and blew his entire earnings. Now, my husband wants to control his spending to save for a vehicle since he will be 17 soon. Our son states that we cannot control his money and that it is illegal to do so. My husband says it's completely legal until he's 18 especially since we're only looking out for his best interest but then also added that as a matter of fact, since he's a minor, his income is a part of the family income and we "could" make him pitch in for bills. I am unsure of all of this and want to make sure my husband is not overstepping.

 

[PayrollHRGuy]

Your husband is correct.

 

[JacobsMom]

Your husband is correct.

So other than dealing with an upset son, he can't do anything to my husband and I in legal terms?

 

[PayrollHRGuy]

Not a thing in world. That said with today kids he may well call child services and say you are abusing him.

 

[JacobsMom]

Not a thing in world. That said with today kids he may well call child services and say you are abusing him.

Other than him wanting to be able to spend his money however he pleases, I don't believe he'll go that far. Thank you for your time and reply.

 

[Zigner]

Your husband is correct.

The parents can't (ok, it's very fact-dependent) just take kiddo's money and put it in the household pool of money.

 

[JacobsMom]

The parents can't (ok, it's very fact-dependent) just take kiddo's money and put it in the household pool of money.

Hmm, that's why I am asking. Is there an actual law that states this? I've tried searching online and can't find anything set in stone. Of course we're not making our son work to pay bills, we just want him to spend wisely and save responsibly but my husband says he "could" technically make him pitch in for groceries or personal items. I don't know if that's true.

 

[PayrollHRGuy]

Feel free to explain Zigner.

 

[Zigner]

Feel free to explain Zigner.

I'm going to withdraw my answer. Not because it necessarily wrong, but because it may be wrong. I simply don't have the time to properly research it at this point.
My apologies.

 

[xylene]

Your son's ways are self limiting and he'll be without a car. LESSON LEARNED

You and your husband DO NOT need to be this drama.

You cannot teach financial responsibility with hysterical drama

 

[cbg]

I see a difference between a parent just reaching out and taking a child's income, and the parent attempting to teach the child responsibility by requiring him to contribute to the household expenses. Understand that I am talking about contributing a set amount per week; not having to hand over his paycheck. I strongly suspect both are legal, but like Zig I don't have the time at this moment to go on a search. I suspect the OP also knows how to use Google.

 

[Zigner]

After my kids turned 18, but were still living with me, I would charge each of them rent. The first one didn't know it, but that "rent" went in to an account that was used to help them move in to their first place on their own. Of course, the rest caught on

 

[HRZ]

My understanding is that parents , more correctly father , had the right to unemancipated children's earnings is a hold over from our English roots ...and ties to rush of many a young man to get married as well a century or so ago...no doubt this hold over stands today one way or another .

Unless son can cite FL law to contrary , lets assume that parents control the roost until 18'or emancipation ...and son needs to work out a balance with Dad

 

[Taxing Matters]

At common law in just about every state the earnings of a minor were the property of his/her parents and the parents could with that what they wanted. Such is the case in Florida:

On July 1, 1973, at the time Chapter 73—21 became effective, there was then existing and had been from time immemorial under the common law the right in a parent to the services and earnings of a minor child. In 24 Fla.Jur., Parent and Child, Section 8, it is stated:​

​

‘A parent who is providing a home for his minor child and supporting him is entitled to the child's reasonable and proper labor. The parent may avail himself of this right by requiring the child to render services in the home or in the business affairs of the parent, or by placing it to labor for others and recovering its wages . . .’​

See also the allied questions in Haddock v. Florida Motor Lines Corporation, Fla.1942, 150 Fla. 848, 9 So.2d 98, and the subsequent case of Covey v. Eppes, Fla.1963, 153 So.2d 3. ​

Dalton v. Dalton, 304 So. 2d 511, 514 (Fla. Dist. Ct. App. 1974). The common law in Florida on this appears to remain the same today. Thus at common law it seems clear that the parent is entitled to all the earnings of the minor child and may require a minor child to work to obtainn those earnings. However, some states have modified this longstanding common law rule either by statute or later cases of the courts narrowing the rule. In the case of Florida, there is a statutory exception in the case of kids who are performing artists, professional athletes, or who earn money endorsing products or otherwise capitalize on their publicity (i.e. kids that are famous for some reason and are cashing in on that fame). The money earned by the those minors does belong to them, and the law allows them to enter into binding contracts despite the their minority. See Florida statutes sections 743.08 through 743.095.

As a result, it would seem that you can indeed take the earnings of your kid while he is minor and he likely cannot do anything legally about it other than whine and complain unless he is a peforming artist, pro athlete, or otherwise cashing in on his fame. You may confirm that with a family law attorney if you want to be sure of that. I think, though, there is little risk of the kid attempting to sue anyway since he isn't going to have the money to hire an attorney anyway.

 

[quincy]

I'm going to withdraw my answer. Not because it necessarily wrong, but because it may be wrong. I simply don't have the time to properly research it at this point.
My apologies.

I agree with, Zigner.

Parents do not "own" the money their minor child earns from employment but they have the right to have the child help with household expenses if necessary and, should the child get into legal trouble, the parents can use the child's own money to settle a claim.

To prevent access to earnings, the minor child can open his own bank account and have money from his employer directly deposited into his account. The parents would need a court order to access the money.

If a parent asserts ownership rights in items purchased by the minor with his own money, the minor potentially could take the parents to court to recover the items.

The cases that are generally decided in court are the ones involving parents' rights to control large sums of money earned by children (often children in the entertainment field). Courts generally side in favor of the children.

Money earned by an 18 year old adult would not be questioned as belonging to the 18 year old. The law really isn't different for a 16 year old. Only the responsibilities of parent to child differ.

In these ways I disagree with TM.