The court has before it the petition of P.L., the mother of J.E.L., born August 25, 2000 and the guardian of his property pursuant to letters issued by the court on February 28, 2007.

The guardianship has a current value of $500,000.00 presently invested in a CDARS program at North Fork Bank.

Upon this application petitioner seeks a lump sum of $15,000.00 to reimburse her for monies expended on her son's behalf to cover the period between the death of the son's father in November, 2006 and the date of this application. The father had been providing child support and educational support for the child under a divorce agreement. The petition also seeks monthly maintenance for J. of $3,000.00 commencing April 1, 2007 through March 31, 2008.

A parent is charged with the responsibility of providing for the support of his or her child (Domestic Relations Law § 32; Family Ct Act § 413; Otero v Otero, 222 AD2d 328 [1st Dept 1995]). While it is evident from the tax returns attached to the application that the petitioner has substantial funds of her own, it is also evident from the exhibits that the separation agreement entered into between the petitioner and her late ex-husband specifically provided for child support and educational support for the couple's child. There was also a provision in the separation agreement that the decedent would maintain a $500,000.00 life insurance policy with his son named as the beneficiary and the petitioner as trustee of the funds until the son's emancipation. The separation agreement also provided that if the husband failed to maintain the life insurance policy, his estate would be liable to the wife, not the child, for the sum due, evidencing the parties' intention that the life insurance was intended to provide the financial support for the child that the husband would have paid, but for his death. The $500,000.00 in the guardianship are the proceeds of that policy. The court finds from all the evidence that the decedent intended to provide for his son's support and education regardless of the independent resources of the petitioner.

The expenditures for which petitioner seeks reimbursement were clearly for the infant's use and benefit. The court authorizes the petitioner to reimburse herself from the North Fork Bank account in the amount of $15,000.00.

The court further approves a monthly withdrawal from the North Fork Bank account of $3,000.00 retroactive to April 1, 2007 through March 31, 2008.

The order submitted will be signed if found to be in proper form.

Dated: May 10, 2007

Judge of the Surrogate's Court

The appearance of counsel are as follows: