Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Matter of D.C.

Petitioner Partially Denied Use of Infant's Funds as Child Not Expected to Support Himself

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER

*1 The petitioner, the father and guardian of the property of the infant, submits this application to withdraw funds from the infant’s guardianship account. The infant is thirteen years old, and the value of his property is currently $507,285.96. The petitioner requests withdrawal of a lump sum amount of $13,623.00, as well as leave to withdraw the sum of $2,000.00 per month from December 1, 2017 through November 30, 2018, for the infant’s support and maintenanceThe Surrogate’s Court Procedure Act (SCPA) governs the administration of an infant’s property. Permission to withdraw funds from an infant’s account lies within the sound discretion of the Court pursuant to SCPA §1713(2), and the Court must always be “sensitive to [its] statutory duty to preserve the infant’s estate until his majority…” Ahders v. Southampton Hospital, 90 A.D.2d 508 (2d Dep’t 1982). Withdrawals from such accounts may not be made as a matter of course. See DeMarco v. Seaman, 157 Misc. 2d 390 (Sup. Ct. New York County 1934). Indeed, a parent’s obligation to support his minor child is undisputed, and the general rule does not favor withdrawal from the corpus of an infant’s funds, absent unusual and well-documented circumstances. See generally Matter of Guardianship of Bilick, 176 Misc. 2d 293 (Surr. Ct. Sullivan County 1998); Matter of Marmol, 168 Misc. 2d 845 (Sup. Ct. New York County 1996).In his request for withdrawal, the petitioner asserts that he requires a lump sum withdrawal of $13,623.61 in order to meet a number of expenses and to satisfy a number of outstanding debts. Specifically, the petitioner seeks leave to withdraw i) $2,025.00 to pay one-half of the

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Litigation Associate

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements