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      CCP 4521     

  

TITLE VII-A. ADMINISTRATION OF COURT JUDGMENT IN FAVOR OF MINOR

Art. 4521. Payments to minor

            A. In approving any proposal by which a minor is to be paid funds as the result of a judgment or settlement, the court may order:

            (1) That the funds be paid directly into the registry of the court for the minor's account, to be withdrawn only upon approval of the court. Withdrawn funds shall be invested directly in an interest-bearing investment as approved by the court unless the court for good cause approves another disposition.

            (2) That the funds be invested directly in an interest-bearing investment approved by the court, unless the court for good cause approves another disposition.

            (3) That the funds be placed in trust in accordance with the Louisiana Trust Code to be administered by an individual or corporate trustee as determined by the court.

            (4) That the funds be paid under a structured settlement agreement as approved by the court that provides for periodic payments and is underwritten by a financially responsible entity that assumes responsibility for future payments.

            (5) Any combination of Subparagraphs (1) through (4) of this Paragraph.

            B. In approving any proposal by which funds will be paid to an unemancipated minor who is in the legal custody of the Department of Children and Family Services, the court shall order that the funds be placed in trust in accordance with the Louisiana Trust Code and the provisions of Article 4269.1, to be administered by an individual or corporate trustee as determined by the court.

            C. In determining whether a proposed periodic payment schedule is in the best interest of the minor, the court shall consider the following factors:

            (1) Age and life expectancy of the minor.

            (2) Current and anticipated financial needs of the minor.

            (3) Income and estate tax implications.

            (4) Impact on eligibility for government benefits.

            (5) Present value of the proposed payment arrangement and the method by which the value is calculated.

            Added by Acts 1984, No. 296, §1; Acts 2008, No. 716, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016; Acts 2018, No. 607, §1.



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