Ventura Co. Dept. Of Child Support Services v. Brown

11 Cal.Rptr.3d 489 (Cal.App. 2004)

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Nature of the Case

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Facts

Kenneth Marinos has seven children. The mothers of Marinos' minor children are Solace (two minors), Chantel Bunch (three minors) and Sheri Marinos (one minor). On January 30, 1989, Solace obtained a paternity judgment by default against Marinos for the support of her minor twins, Alexander, and Nicholas Marinos. The trial court ordered Marinos to pay monthly support of $220 per child and to reimburse DCSS for $4,368 in past due support. Marinos and his brother, Daniel Marinos, are the sons of Chris and Helen Marinos, both deceased. On June 27, 1990, Helen Marinos (a widow) established a trust. She named her adopted sons, Kenneth and Daniel Marinos, as beneficiaries. The Trust gives the trustee broad powers to manage and disburse funds. It contains a spendthrift provision, designed to keep creditors from reaching trust assets. The Trust is to be divided equally between the sons at her death. The shares are to remain in trust and be administered by the trustee to “provide for the proper support, care, maintenance and education of said child.” The trustee has discretion to “distribute so much of the net income or principal, or both, of each trust to or for the use and benefit of [the beneficiary], at any time and from time to time.” A guardian ad litem of the minor children obtained a court order modifying the Trust, removing Rodney Minnier as trustee and appointing Brown (D) as successor trustee. Helen Marinos died on November 27, 2002. Solace asked the court to enjoin distribution of the Trust proceeds to Marinos. P filed three petitions in the probate action to enforce money judgments it had recovered on behalf of Marinos' minor children. The court indicated it wanted D to split the Trust into equal shares. As to Kenneth Marinos' share, the court intended to grant the petition by DCSS for the payment of arrearages and to make orders regarding future support payments. D indicated the Trust had already been equally divided. Marinos' share of the Trust contained approximately $535,000 in liquid assets. The court ordered a partial payment to Solace of $40,672.48 in “non-welfare” funds and a partial payment to Chantel Bunch of $31,204.87 in “non-welfare” funds. The trial court specified that the funds due to Sheri Marinos (approximately $74,794.21) were payable directly to DCSS. The trial court awarded ongoing monthly support of $440 to Stephanie Solace; support of $476 per month to Sheri Marinos; and $302 per month to Chantel Bunch. The monthly support payments were to commence July 1, 2003. This appeal resulted.