In the Matter of the Petition of D. C., Guardian of the Property of D. C., (09/XXXX) — 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 rental arrears outstanding on the family’s apartment, ii) $793.13 to pay one-half the outstanding balance of the family’s light bill, iii) $783.97 to pay one-half the outstanding balance of the family’s gas bill, iv) $71.01 to pay one-half the outstanding balance of the family’s cable bill, v) $3,000.00 for the purchase of a laptop computer for the infant, vi) $1,300.00 for the purchase of clothing for the infant, vii) $1,042.50 to pay one-half of a citywide family membership to the YMCA, and viii) $4,608.00 for the purchase of bedroom furniture for the infant.As noted above, a parent bears “the primary legal obligation to provide for the support, maintenance and education” of his child (In re Strazzera, 2002 NYLJ LEXIS 2413 [Surr. Ct. Richmond County]), and an infant “is not called upon to support himself” (Application of Stackpole, 168 N.Y.S.2d 495,499 [Mun. Ct. Queens Co. 1957]). See also Matter of Guardianship of Bilick, supra. The infant’s funds “are not community property for the use of the family,” and “[i]t is a mistaken notion that [an] infant’s money can be handed out to the family.” Caban v. Lonkey, 53 Misc.2d 171, 172 (N.Y. City Civ. Ct. 1967). Absent a showing that an infant’s funds are necessary for his support and education, and that the person who has legal responsibility to provide for such is unable to supply adequate funds therefor, the Court’s ultimate responsibility is to preserve the infant’s estate. See Ahders v. Southampton Hospital, supra.In the instant case, the petitioner states that he is gainfully employed and supports a family of four, including the infant and two other minor children. The petitioner’s Federal income tax return for 2016 indicates that he earned an annual income of $62,113.26 last year. The petitioner states in Schedule A of the petition that he does not receive Social Security benefits for the infant, and estimates his annual household expenses, set forth in Schedule D, to be approximately $62,656.18. The petitioner also provides a copy of his 401(k) statement, which reflects an outstanding loan of approximately $2,000.00 against the principal balance of approximately $10,000.00.The petitioner submits two affidavits in support of his requests for withdrawal, detailing his current financial situation. He states that his family is being evicted from their apartment, and proffers a copy of a stipulation of settlement dated November 27, 2017, entered into in a housing court proceeding, pursuant to which execution of the landlord’s final judgment of possession is stayed until June 30, 2018, upon the petitioner’s payment of $4,050.00. The petitioner also proffers copies of final turn-off notices from Con Edison and National Grid, reflecting outstanding balances of $1,586.27 and $1,432.26, respectively. The petitioner proffers as well copies of the following outstanding bills in support of his claim that he is living with significant debt, to wit:i) $150.57 for cable service,ii) $739.00 to Acura Financial Services for car payments,iii) $1,076.00 for automobile insurance,iv) $4,939.26 in credit card balances, andv) $360.59 in medical bills for the infant.The petitioner does seeks to apply a portion of the requested lump sum withdrawal to meet the particular needs of the infant, rather than the family. In particular, the petitioner asks leave to withdraw funds for the purchase of a computer and bedroom furniture, and for one-half of the cost of a citywide family membership at the YMCA.The petitioner has simultaneously filed a petition seeking withdrawal of funds from a guardianship account held for the benefit of the infant’s younger brother, in which the petitioner seeks a lump sum withdrawal in a similar amount also intended to cover the remaining outstanding balances for rental and utility arrears. In short, petitioner is asking each child to pay one-half of the living expenses of the family. It is not the infant’s obligation to support his own needs for food, shelter and clothing; that is a parental obligation. The Court will not permit ongoing depletion of the infant’s funds for the family’s use. The petition is clear that the proposed use of the majority of funds requested is not intended solely for the infant’s benefit, but rather for the benefit of the entire family to alleviate a situation not of the infant’s making.The Court notes with particular emphasis its mandate to preserve the infant’s funds for his use and enjoyment upon attainment of majority. The Court further notes that the petitioner was awarded commissions as administrator of the estate of the infant’s mother in the amount of $69,000.00 by decree of this Court dated March 2, 2016. In response to a query regarding the development of the family’s current, dire financial situation given the petitioner’s relatively recent receipt of a significant lump sum payment, the petitioner asserts in his affidavit that the funds awarded as commissions have been “absorbed from personal loans and debts that [he has] accumulated over the years,” as well as used for the purchase of an automobile and insurance thereon, birthday parties and vacations, children’s clothing, and televisions, appliances and furniture for the family home.Notwithstanding the evident challenges the petitioner faces in managing his finances, the Court will exercise its discretion on this occasion, under these unique circumstances, to permit a withdrawal from the corpus of the infant’s funds to ensure that the infant has safe and secure shelter. Accordingly, the petitioner’s request to withdraw funds is granted solely to the extent that he is permitted to make a one-time lump sum withdrawal in the amount of $4,177.69, to be applied as follows:i) $2,025.00 to be paid toward rental arrears;ii) $793.13 to be paid towards the outstanding electricity bill;iii) $783.97 to be paid towards the outstanding gas bill;iv) $215.00 to be paid for an annual Teen Membership at the local YMCA;v) $360.59 to be paid for the infant’s outstanding medical expenses.The petitioner is directed to submit receipts for each of such payments to the Court upon satisfaction of these expenses. The petitioner’s request for a lump sum withdrawal for the purchase of bedroom furniture for the infant is denied, as the petitioner offers no information regarding the necessity of such purchase. The petitioner’s request for a lump sum withdrawal to cover outstanding balances on the cable bill and credit cards, as well as outstanding automobile loan and insurance arrears, is denied.The petitioner’s request for a lump sum withdrawal for the purchase of a laptop computer for the infant is denied, with leave to renew upon submission of sufficient information regarding the proposed purchase.1The petitioner also seeks leave of the Court to make periodic withdrawals of the infant’s funds, in the amount of $2,000.00 per month, for the infant’s support and maintenance. In his related petition for leave to withdraw funds belonging to the infant’s younger brother, the petitioner seeks leave to withdraw an equivalent amount each month for that child’s support and maintenance, for a total monthly award of $4,000.00 for the two infants. The Court notes that the petitioner is employed full time, and that his estimate of his annual expenses is roughly equal to his gross salary. In response to a query regarding the proposed application of the requested monthly withdrawal, the petitioner asserts in his affidavit that he requires “additional income to help…offset some bills [which arise] every month from the boys,” including afterschool fees, food, holiday events, dinners and gifts, utilities and cable service. He asserts that any funds remaining after covering these expenses will be reserved for anticipated moving expenses and a “cushion.” The Court notes that the petitioner’s estimate of his annual expenses is roughly equal to his gross salary. Again, the Court points out to the petitioner’s that provision of a child’s necessities, including safe and comfortable shelter, furnishings, food and clothing, are primarily obligations of the parent. The child is not expected to support himself, notwithstanding the fact that he has his own resources. Accordingly, the petitioner’s request for leave to withdraw a monthly allowance for maintenance and support is granted to the extent that the petitioner may withdraw the sum of $500.00 each month, from the period of December 1, 2017, through November 30, 2017, for expenses related to the support of the infant.This constitutes the decision and order of the Court.The Clerk of the Court is directed to mail a copy of this decision and order to the petitioner.
