Section 45a-631 - (Formerly Sec. 45-49). Limitation on receipt or use of minor's property by parent, guardian or spouse. Release.

CT Gen Stat § 45a-631 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) A parent of a minor, guardian of the person of a minor or spouse of a minor shall not receive or use any property belonging to the minor in an amount exceeding ten thousand dollars in value unless appointed guardian of the estate of the minor, except that such parent, guardian or spouse may hold property as a custodian under the provisions of sections 45a-557 to 45a-560b, inclusive, without being so appointed.

(b) A release given by both parents or by the parent who has legal custody of a minor or by the guardian or spouse shall, if the amount does not exceed ten thousand dollars in value, be valid and binding upon the minor.

(1949 Rev., S. 6855; 1949, 1953, S. 2901d; 1957, P.A. 417; 1963, P.A. 179; 1967, P.A. 216; P.A. 74-82, S. 2; P.A. 80-476, S. 108; P.A. 95-117, S. 27; P.A. 00-78.)

History: 1963 act raised limit on value of property from $2,000 to $3,000; 1967 act raised limit to $5,000; P.A. 74-82 substituted “minor” for “child”, “minor child” and “minor wife” and “spouse” for “husband”, eliminating language which implies varying applicability of provision dependent on sex of person involved; P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-49 transferred to Sec. 45a-631 in 1991; P.A. 95-117 amended Subsec. (a) by replacing reference to Secs. 45a-546 to 45a-556 with Secs. 45a-557 to 45a-560b; P.A. 00-78 raised limit on value of property from $5,000 to $10,000 and made a technical change.

Annotations to former section 45-49:

Delivery of money to mother is not payment to child. 99 C. 179. Subject to guardianship of estate, a minor child is entitled to immediate possession of full amount recovered as damages for personal injuries. 100 C. 55. Award in divorce action for support of minor child is not child's property within statute. 121 C. 504. No guardian necessary where separation agreement provided for trust to pay income for support of minor. 130 C. 56. Cited. 139 C. 220; 165 C. 490.