Goto v. Goto

California Court of Appeal Dec 21, 1960 No. Civ. 24635Published

Before: Fox

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Holding. The court held that the trial court did not abuse its discretion in denying the defendant's motion to terminate a child support trust or remove the plaintiff as trustee, as the trust remained a valid mechanism for ensuring the child's future support and maintenance.

Issues

Whether the trial court had jurisdiction to establish a trust for child support payments in an interlocutory divorce decree.
Whether the trial court abused its discretion in refusing to terminate the trust or remove the trustee due to alleged hostility between the mother and child.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The court had express statutory authority to make suitable allowance for the support, maintenance and education of these children.”

“Antagonism . . . between trustee and beneficiary, is not of itself sufficient ground for the removal of the trustee.”

“It cannot be said, as a matter of law, that the court abused its discretion in denying defendant’s motion to remove plaintiff as trustee.”

POX, P. J.

Defendant appeals from an order denying his motion to terminate a trust, or in the alternative to appoint a new trustee, in certain moneys held by plaintiff for their minor child, Denise. Plaintiff and defendant were formerly husband and wife. Two children, Denise and Hans, were born of the marriage. An interlocutory decree of divorce was granted the wife in April 1955. The decree awarded the custody of the children to the plaintiff. The decree contained the following paragraph relative to the support of said children:

“Until further order of the Court, the defendant shall pay to the plaintiff for the support of the minor children the sum of Three Hundred Dollars ($300.00) per month for each child (a total of $600.00 per month)

•

that these payments shall be made on the first day of each and every month; commencing April 1, 1955, and shall be made until the children die, marry or reach the age of 21 years, or until further order of Court; that the plaintiff shall use $100.00 out of each $300.00 per month for the support of each minor child; and with the balance of $200.00 per month for each child, the plaintiff shall open two separate trust accounts in her name as trustee for Denise Goto and in her name as trustee for Hans Goto and shall deposit said amounts into each of said accounts

[605]

and that the plaintiff as trustee shall make annual reports of her dealings with the trust to the court in this action.”

These provisions for the custody and support of the children were incorporated in the final decree entered in April 1956.

In October 1957, the custody of the minor children was awarded to the defendant, and the order for their support was vacated.

In July 1959, the custody of Hans was again awarded to plaintiff, and the provision in the decree for his support was reinstated. The order further provided that “plaintiff’s visitation and custody of Denise is terminated, except as to occasions when Denise desires to see her mother.”

Defendant has made the required payments for the support of the minor children. Plaintiff, in accordance with the direction contained in the interlocutory decree, established a separate trust account in her name as trustee for each of the children. At the time of the hearing in the instant matter there was in excess of $6,000 in each of these accounts.

Goto v. Goto

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POX, P. J.

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