Cal. Codes » Probate Code

Cal. Probate Code § 15305

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(a)As used in this section, “support judgment” means a money judgment for support of the trust beneficiary’s spouse or former spouse or minor child.

(b)If the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the support judgment out of all or part of those payments as they become due and payable, presently or in the future.

(c)Whether or not the beneficiary has the right under the trust to compel the trustee to pay income or principal or both to or for the benefit of the beneficiary, the court may, to the extent that the court determines it is equitable and reasonable under the circumstances of the particular case, order the trustee to satisfy all or part of the support judgment out of all or part of future payments that the trustee, pursuant to the exercise of the trustee’s discretion, determines to make to or for the benefit of the beneficiary.

(d)This section applies to a support judgment notwithstanding any provision in the trust instrument.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2004–2021 · leading case: Pratt v. Ferguson
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Pratt v. Ferguson (2016) calctapp · cites it 3× “We hold that, notwithstanding the shutdown clause, Probate Code section 15305 gives the trial court discretion to order a trustee to make distributions of income and principal to satisfy the final child support orders.”
Furie v. Furie (In re Furie) (2017) calctapp5d “Section 15305, subdivision (c) specifically allows the trial court to order the trustee "to satisfy all or part of [a] support judgment out of all or part of future payments that the trustee, pursuant to the exercise of the trustee's discretion, determines to make to or for the…”
In re Cleopatra Cameron Gift Trust (2019) sd · cites it 6× “Where, as here, child support obligors are trust beneficiaries who do not have the ability to compel distributions, California's probate code, nevertheless, allows a court to "order the trustee to satisfy ... [a] support judgment out of .”
Ventura County Department of Child Support Services v. Brown (2004) calctapp “Special Rights of Support Creditors (Probate Code Section 15305) Under section 15305, a claimant for delinquent child or spousal support can reach a beneficiary’s interest in a trust.”
Matter of Cameron Trust (2019) sd · cites it 5× “” Cal. Prob. Code § 15305 (c) (West 2019) (emphasis added).”
Marriage of Wendt and Pullen (2021) calctapp · cites it 2× “Ventura involved an application of the provision allowing spendthrift trusts to be accessed for child support payments, Probate Code section 15305, subdivision (c).”
Marriage of Furie (2017) calctapp “” (Prob. Code, § 15305, subds. (c) & (d); Ventura County Dept.”
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