Page v. Page, 78-1938

• Decision Date: 29 May 1979
• Docket Number: No. 78-1938,78-1938
• Parties: Sandra Schiller PAGE, Appellant, v. Michel Douglas PAGE, Appellee.
• Court: Florida District Court of Appeals

Page 543

371 So.2d 543

Sandra Schiller PAGE, Appellant, v. Michel Douglas PAGE, Appellee.

No. 78-1938.

District Court of Appeal of Florida, Third District.

May 29, 1979.

Friedman, Britton, Cohen, Kaufman, Zinkow, Benson & Schantz and John L. Britton, Miami, for appellant.

Abe Koss, Graham C. Miller, Miami, for appellee.

Before HAVERFIELD, C. J., and PEARSON and SCHWARTZ, JJ.

HAVERFIELD, Chief Judge.

Sandra Schiller Page appeals a final dissolution of marriage judgment denying her request for alimony and directing that her husband, the respondent, Michel Douglas Page, pay $40 per week as and for support of their minor son.

The basic issue to be resolved is whether the trial judge erred in his determination of the amount of child support by failing to consider a trust established for Michel Page.

The parties were married three years during which time Michel Page was and is employed by a business owned by his family and earns $100 per week. Although Michel would have difficulty in qualifying as a spendthrift based on his salary; nevertheless, he is the beneficiary of a spendthrift trust which was established by his father and produces an annual income of approximately $17,000. With respect to the distribution of income, the trust contains the following:

"Paragraph 1 : The Trustee shall hold the entire Trust Estate which it has received under this Instrument together with all additions, accretions, gains, profits, income or other enhancements thereof for the benefit of MICHEL D. PAGE or his issue, in accordance with the following provisions:

"A. Prior to the Termination Event (as defined in Paragraph 2 below) the Trustee may in the exercise of its sole discretion, either:

"(1) Accumulate all or any portion of the net income of the Trust, or

"(2) Distribute to or for the benefit of the Beneficiary, all or any portion of the net income of the Trust as such net income shall be from time to time determined in accordance with the provisions of this Instrument. Subject to the provisions of Article III (relating to Spendthrift Provisions), distributions of income may be made to or for the benefit of the Beneficiary for any lawful purpose, including, but not limited to: the purchase of luxury items for the Beneficiary; the payment of rent or mortgage payments for the Beneficiary's living quarters; the payment of any insurance premiums for the Beneficiary, including but not limited to those for the Beneficiary's health, major medical, and life insurance; the payment of any type of educational expenses for the Beneficiary; the payment of the...