38-1715.
Use of custodial property.
(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
History:
L. 1985, ch. 143, § 14; July 1.
CASE ANNOTATIONS
1. Parental reimbursement from custodial property found to be an improper conversion of the funds. Wilson v. Wilson, 37 Kan. App. 2d 564, 569, 570, 571, 572, 573, 574, 154 P.3d 1136 (2007).
2. Father's expenditure of child's settlement money for needs and desires of child upheld. In re Tatro, 387 B.R. 833, 842 (2008).
Wilson v. Wilson, 154 P.3d 1136 (Kan. Ct. App. 2007). · cites it 10ד” Based upon the district court’s factual findings, the district court concluded as a matter of law: “The Court is of the opinion that what is contemplated by K.S.A. 38-1715 is the custodian of the account may deliver or pay directly to the minor, if the custodian considers it…”
Mohr v. Tatro (In Re Tatro), 387 B.R. 833 (Bankr. D. Kan. 2008). · cites it 2דSee § 38-1715(a)(1). Like a natural guardian, when the custodian of UTMA property has a duty to support the child for whose benefit the property was transferred, the custodian has broad discretion to deliver property to the minor or pay her expenses, but "a delivery, payment, or…”
K.S.A. § 38-1715(a): 1 case
Wilson v. Wilson, 154 P.3d 1136 (Kan. Ct. App. 2007). “” Based upon the district court’s factual findings, the district court concluded as a matter of law: “The Court is of the opinion that what is contemplated by K.S.A. 38-1715 is the custodian of the account may deliver or pay directly to the minor, if the custodian considers it…”
K.S.A. § 38-1715(a)(1): 1 case
Mohr v. Tatro (In Re Tatro), 387 B.R. 833 (Bankr. D. Kan. 2008). “See § 38-1715(a)(1). Like a natural guardian, when the custodian of UTMA property has a duty to support the child for whose benefit the property was transferred, the custodian has broad discretion to deliver property to the minor or pay her expenses, but "a delivery, payment, or…”
K.S.A. § 38-1715(c): 2 cases
Wilson v. Wilson, 154 P.3d 1136 (Kan. Ct. App. 2007). “” Based upon the district court’s factual findings, the district court concluded as a matter of law: “The Court is of the opinion that what is contemplated by K.S.A. 38-1715 is the custodian of the account may deliver or pay directly to the minor, if the custodian considers it…”
Mohr v. Tatro (In Re Tatro), 387 B.R. 833 (Bankr. D. Kan. 2008). “See § 38-1715(a)(1). Like a natural guardian, when the custodian of UTMA property has a duty to support the child for whose benefit the property was transferred, the custodian has broad discretion to deliver property to the minor or pay her expenses, but "a delivery, payment, or…”
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