In Re Marriage of Perry

Introduction

It is well established that a child support obligation survives the death of the supporting parent and is a charge against his or her estate. (Taylor v. George (1949) 34 Cal.2d 552, 556 [ 212 P.2d 505 ] [“In California the rule is that the obligation of a father to support his minor child which is fixed by divorce decree . . . does not cease upon the father’s death, but survives as a charge against his estate.”]; In re Marriage of Bertrand (1995) 33 Cal.App.4th 437, 440 [ 39 Cal.Rptr.2d 151 ] [“Although husband has since died, his support obligation survives his death and is a charge against his estate . . . .”]; In re Marriage of Gregory (1991) 230 Cal.App.3d 112, 115 [ 281 Cal.Rptr. 188 ] [“. . . it has been established that court ordered child support survives the death of the noncustodial parent and becomes a charge upon his or her estate”].)

But what happens when the supporting parent’s property is put into a “living trust” so that there is, technically speaking, no probate estate to come into existence upon the supporting parent’s death? The family law judge in the present case was not fooled by the living trust device, and made an order against the…