PARENTS MUST FIRST EXHAUST HIS OR HER OWN ASSETS BEFORE USING PUTMA CUSTODIAL FUNDS FOR A CHILD’S SUPPORT

The Pennsylvania Superior Court has clearly ruled that if a parent has sufficient funds to meet his/her child’s needs he cannot use custodial property as a substitution for his parental support obligation.

 

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While Section 5314 (a) of the Pennsylvania Uniform Transfers to Minor Act allows expenditures for the use and benefit of the minor subsection (c) clearly mandate that the expenditures be in addition to and not in subsection for any parental support obligation. Quoting Justice Manmunno:

 

“There is some authority for the proposition that when a custodian/parent cannot provide for the child through the parent’s personal assets, the child’s PUTMA funds may be used for the child’s benefit. See In Re Gumpher, 840 A.2d 318, 324 (/case/in-re-gumpher#p324) (Pa. Super, 2003) (holding that custodian/mother must demonstrate that her assets were exhausted before invading child’s PUTMA account for regular care expenses); Sternlicht, 822 A.2d at 741 (/case/sternlicht-v-sternlicht-2#p741) (remanding for inquiry into whether custodian/father could pay for child’s private school tuition from father’s assets); see also 20 Pa.C.S.A. §5314 (governing the permissible uses of a minor’s property by the custodian). In the instant case, however, the Orphans’ Court found that the Centennial House was not a necessary expenditure or for the Children’s primary benefit, and the record does not indicate that Melanie had insufficient funds to provide for the Children’s residential needs, where she had access to the marital residence.”

 

Reference: Werner v. Werner, 149 A3rd. 338, (Pa. Super. 2016)

 

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