Section 11.40 Jurisdiction in Marriage Dissolution Proceedings

• Library: Trusts and Powers 2013 Supp

B. (§11.40) Jurisdiction in Marriage Dissolution Proceedings

Marriage dissolution seems to generate most of the cases involving minors’ custodianships. The parent obtaining custody of the children wants to also be given custody of the children’s custodial funds and asks that the other parent be removed as custodian. The parent subject to an order for support payments wants the court to approve authority for the child’s support payment to be made out of the child’s custodial accounts. Such a parent argues that, having made substantial gifts that have made the children “independently wealthy” and sufficient to afford them a “luxurious standard of living,” more should not be required.

Indeed, the marketing promotion of some financial service providers that encourages gifts to minors under the Uniform Gifts to Minors Act (UGMA), 8A U.L.A. 297–99 (2003), or the Uniform Transfers to Minors Act, 8C U.L.A. 13 (2001), to pay for expenses of a child’s college...