Flory v. Flory

BECK, Judge:

This appeal presents the issue of whether the income from a child’s guardianship account, established in settlement of a tort claim of the child, can be used to meet his support needs. We hold that such use of the income is improper unless the court determines that his parents are unable to provide for his support out of their own resources.

Plaintiff-appellant, Mary A. Flory, and defendant-appel-lee, Paul Thomas Flory, were married on August 30, 1970. Four children were born during the marriage: Paul, age 14; Joseph, age 12; Margaret, age 10; and Jacob, age 8. The parties…