Chinese boy, 10, sues father for spending $11,500 of his red envelope money to fund second wedding

Xiaohui, a 10-year-old boy from Zhengzhou City, Henan Province, had lived with his father since his parents divorced two years ago, the South China Morning Post said.

Over the years, he saved more than 80,000 yuan (US$11,500) in Lunar New Year red envelope money, which was deposited in a bank account his father opened for him. After his father remarried, Xiaohui moved to live with his mother.

He later found that his father had withdrawn 82,750 yuan, including interest, from the account to pay for the wedding, according to U.K. newspaper Independent.

When Xiaohui asked for the money back, his father refused. He said the money had been given by his relatives and friends and that he intended to keep the money until Xiaohui reached adulthood.

Xiaohui then filed a lawsuit against his father who argued that the boy had been influenced by his mother.

The court ruled that the lucky money legally belonged to Xiaohui. It said the father’s withdrawal and use of the funds without his son’s consent violated the child’s property rights, despite his status as legal guardian. The court ordered him to return the full amount, including principal and interest.

During the Lunar New Year in China, children and unmarried adults receive red envelopes as a symbol of good luck. The money is often kept by parents, who may use it to balance out what they gave others or to prevent children from spending it on video games.

Under China’s Civil Code, red envelope or lucky money given during holidays is classified as a gift and belongs to the child. Children under eight cannot use the money on their own while those over eight may spend it on school supplies, small toys or other age-appropriate items.

As legal guardians, parents are responsible for protecting their minor children’s property and may manage or hold lucky money on their behalf. However, they are not allowed to take or use the funds for personal purposes.

The case went viral and drew widespread criticism on Chinese social media.

“How desperate is he after the divorce? Using his son’s savings to remarry, he is really a genius,” one person said.

Another commented: “If he is that broke, why is he remarrying? How did someone still agree to marry a person like this?”