Newman

The issue raised by this appeal is whether a parent who holds property of his or her minor children as custodian under the California Uniform Gift to Minors Act, (hereafter referred to as the Act) (Civ. Code, § 1155 et seq.) may use the proceeds of that property to satisfy a court order for support of those children.

When Mary and Steven Newman were divorced in October of 1967, the interlocutory decree provided, inter alia, that Steven pay $75 a month for the support of each of the two minor children, Mark and James. Steven was also ordered to pay for the children’s medical and dental expenses.

At that time there existed 5 stock certificates of the Shoe Corporation of America, representing 656 shares. These certificates were issued in the name of Steven Newman as custodian under the Act. Some 331 shares were held for Mark and 325 shares for James.

The interlocutory decree directed that Steven hold these certificates and use the dividends and income therefrom for the “health, education and welfare of the minor children.”

In 1980, Mary filed an order to show cause re contempt and modification contending that Steven was $2,802 in arrears for child support and medical…