Armstrong

Armstrong v. Armstrong

Good Law
15 Cal. 3d 942
Supreme Court of CaliforniaJanuary 28, 1976L.A. No. 30437California3,155 words

Opinion

lead Opinion

Richardson, J.

In this appeal we consider whether a court may take cognizance of a child’s independent income in determining the parent’s obligation of support. We conclude that it may do so, but only in a limited, and restricted sense and that a solvent parent may not entirely discharge his or her support obligation by resort to the child’s independent income.

Plaintiffs, Scott and Marc Armstrong, ages 19 and 16, respectively, at the time of the commencement of this action are the only children born to the marriage, since dissolved, of Henry Armstrong (defendant) and Charmaine Armstrong. Plaintiffs were income beneficiaries of a testamentary trust established by their paternal grandfather in 1956. Under the terms of the trust their interest terminated on December 31, 1972.

Charmaine obtained an interlocutory decree of divorce from defendant in 1959, and a final decree in 1960. Prior to the entry of the interlocutory judgment, the parties executed a property settlement agreement which provided that, since each plaintiff received approximately $84 per month from the trust, defendant would pay monthly the difference bétween the amount each child received from the trust and. *946 $125,…

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