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Matter of D.C.

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

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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

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