Can a trust fund be used to pay back child support?

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Can a trust fund be used to pay back child support?

My ex-husband receives a monthly income from a trust fund that was set up for him when his mom passed away. He is about $20,000+ behind in child support and we are heading to court soon for child support enforcement. He recently mentioned that the state contacted the firm that over sees the trust and was informed that they were trying to collect past due child support but according to my ex, was told that a trust fund can not be used to pay back child support. Can the state go after the trust fund for back child support since it is a source of income?

Asked on October 6, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country so long as money earmarked for your "ex" is in a trust where he is not the trustee and has no control over the fund or its distribution the trust cannot be levied upon for back child support owed by him.

However, once money from the trust is distributed to him in kind, that money is then subject to being levied upon for back child support owed.


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