California Court of Appeal

In an action to compel a Trustee to disburse funds from a trust to satisfy a court order requiring plaintiff's ex-wife to pay child support and expenses, the trial court's denial of the petition based on a clause in the trust that prohibited the Trustee from making certain distributions if they would become subject to the ex-wife's creditors' claims (the shutdown clause), is reversed where, 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.

Appellate Information

• Published 2016/09/06

Judges

• FYBEL

Court

• California Court of Appeal

Counsel