Chen Hsing-yu demands return of NT$23 million children's education fund; lawyer highlights four key points
Chen Hsing-yu, daughter of former Taiwanese president Chen Shui-bian, has publicly demanded that her ex-husband Chao Chien-ming return NT$23 million set aside as an education fund for their children. The family dispute has turned into a lesson in personal finance about who money actually belongs to.
- The money was originally held in separate accounts under the names of the three children, and was later transferred out by Chao Chien-ming on the grounds that he was "investing it for the children."
- Chao Chien-ming has not responded directly, citing the confidentiality clause of the divorce agreement, so for now there is only one side's account of where the money went.
- Lawyer Su Chia-hung points out that once money is deposited in a child's name it belongs to the child, with the parents acting only as custodians; misappropriating and spending it without authorisation may constitute criminal misappropriation.
- To avoid disputes, an education fund should be kept in a dedicated account used for that purpose alone, with the term of management set out in writing, or paid out directly as tuition on schedule through a trust bank.
- Once children reach adulthood they can go to the bank themselves to change the seal and password and obtain records of past transactions, and the custodial party has little legal ground to refuse to hand the money back.
Outlook: With each side telling a different story, the truth is unlikely to be settled any time soon, but the case has already prompted many parents to re-examine whose name the money they have saved for their children is actually registered under.