My 5-year-old son's $290,000 in savings was saved by Mom for $40

original title: 5-year-olds, nearly 300,000 years old, with only 40 dollars left in the account at the time of the divorce of their parents. mother: all spent on the children. shanghai court ordered that 220,000 be returned within 10 days.

the accounts of five-year-old nano saved nearly 300,000 years of money and red bags, leaving only 40 change in the accounts after the divorce of their parents, and the father filed a complaint when he found out.

recently, a trial by the people ' s court of the songjiang district of shanghai ordered ms. lee, mother, to return 220,000 yuan to xiao nok.

it's a community tour.

"i spent all my money on the kids."

in 2020, mr. wang and ms. lee were registered as married, the same year, and the child was born. to prepare for a new life, the two had a bank card in the name of the child, which had been kept in the red bag of birth, the new year and the gift for their birthday.

in 2025, the marriage broke down and after the divorce the child was raised by mr. wang. the bank card originally held by ms. lee was also handed over to mr. wang.

when mr. wang looked at the account, he found that more than 200,000 dollars had been deposited, leaving only 40 different balances.

a careful examination of the accounts revealed that, from 2023 onwards, ms. lee had taken money from the child ' s kari, and that the defendants had moved money from the card in large amounts and tens of thousands of thousands of dollars during their divorce.

there are only 40 accounts left.

in court, ms. lee felt she had done nothing wrong. “the money is not just a child's gift, but my own money.” she says she's been doing her best to bring the baby. the money i transferred was spent on children's remedial classes and on the necessary expenses of life. i didn't steal the children's money.

the problem was that she had no clear record of the more than 200,000 expenditures.

the songjiang district court found that there was indeed a portion of the account that was spent on the children ' s interest classes and daily expenses. however, those large transfers were concentrated in the months in which the couple had been in conflict and preparing for divorce. ms. lee was unable to prove where the money was being spent or where it went.

court: the money belongs to the child, and the parents are in charge.

it is known that the account was opened for him by his parents after his birth and was used to save the red bags given by his elders, the money of the age, and the gift for his birthday. 5 years down, more than 290,000, every one clear.

the court found that the money in the account was a gift from relatives and friends to the child, that ownership was vested in the individual child and that the parents had sole authority and no ownership.

article 35 of the civil code makes it clear that a guardian may not dispose of the property of a guardian other than in the interest of the guardian.

mom transferred a large amount of money for the sake of the child, and there's no evidence of spending on the child -- that's abuse.

finally, the court decided at first instance by combining the age of the child, the reasonable cost of the day-to-day, and deducting the necessary expenses of the child identified by both parties:

the defendant, ms. lee, returned 220,000 yuan to the plaintiff within 10 days of the entry into force of this judgement.

interview with the trial judge

(the characters are all aliases)

the songjiang court overcooked similar cases and found that many parents had the same idea:

"the child's money is the money of the family."

many parents feel that the child is small, that the money is inherently paid by the family or relatives, and that it is nothing to use. but legally, when a child receives a gift, the money is the child's own and the parents' property is separate.

"i'm a guardian, and i'm in charge."

it is possible to pay school fees, to see a doctor and to report for school. but taking children's money to pay off their debts, household consumption and the purchase of money is a violation.

wrong zone three: "the escrow is all, it's all right."

there are people who think, "i'll use it first, and when the baby gets better, the family doesn't go to court." however, once the marriage breaks down, these matters will be turned over, and eventually not only will they be returned in full, but they may also be subject to interest and court fees.

what are we gonna do with the kid's money?

zhang li, president of the civil division of the songjiang court, made recommendations:

specially open an account, don't mix. the child ' s money is kept in isolation from the daily expenses of the family and the personal accounts of the parents. dedicated management, clear water flow, and this will be the hardest evidence in the future if there is a dispute.

i really need to move the money. keep the tickets. school fees, medical consultations, classes, contracts, papers and money transfers are kept. moreover, the legal maintenance obligations of parents cannot be entirely replaced by the child ' s money.

the house is much less moving. some parents register their property in the name of their children and then think about it, sell it, and are generally found legally to be abusive.

what do you think about that?

source: shanghai law journal.

edit peaches