California - Can I put my assets into a Living Trust to protect my son's from child support from a half sibling??

Asked about 1 year ago - Pleasanton, CA

My hubby and I have been married for 16 years. 8 years ago my hubby cheated and now has a 7 year old son in Washington State. The mother told the court he makes $10k a month, we barely make 4k, she told them he lives alone and he has me and our 2 sons to support. We own 2 condos, cars, and a business that makes the 4k a month that we live on. If we create a living trust with our 2 sons as beneficiaries, and placed everything including the business in the trust, can she still go after it?? We have paid $500 a month since birth, loaned money, paid for plane fares and hotels, and 2 years ago she got it increased to $1200 a month....i cant pay it. My sons shoes have holes and they need warm jackets really bad. Can they garnish MY PAY CHECK? We can pay $500/month. but not $1200.

Additional information

1. They were never married, this was an affair.
2. I am NOT trying to hide assets I am trying to make sure everything is not taken for this ONE kid when I have 2 of my own and another on the way.
3. I am glad they cannot come after my paycheck, but once its in my bank can they take it?
4. The unfortunate thing is that I cannot keep up with the payments. We WILL not matter what pay $500 a month, I cannot pay $1200.00 a month.
5. My husband has no income but that that we make from our cleaning business, but the income is BEFORE paying the bills for the business. Gen. Lib insurance is expensive and the business has a loan payment of $2,000.00 a month. I do not pay him a paycheck from it because there is not enough.6. I have retained TWO Washington attorneys who took our money and NEVER FILED ANY PAPERS, even those I filled out for them. NOTHING made it to the court.
7. Yes we need to modify it, about I want to be sure my sons are provided for.

Attorney answers (3)

  1. 6

    Lawyers agree

    Answered . A living trust will not protect your assets in the way you are hoping. Because you retain control over everything in the living trust, the assets are not protected. Instead, you need to get a good family law attorney to help you modify the child support agreement. Trying to hide your assets will only get you into trouble.

    This response is for information only and does not create a lawyer-client relationship. Responses are general in... more
  2. 2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The transfer of assets to a living trust does not avoid the liabilities of the owners of the property so long as the trust is revocable and the owners still retain the control and benefits of the property. California will also not allow you to transfer your assets to an irrevocable trust to avoid paying your creditors, even if you give up all rights and benefits over the property.

    His ex-wife should not be able to garnish your wages to pay his child support.

    If his ex is making misrepresentations re your husband's situation, your husband should be in there objecting to what she says and presenting his own evidence. As soon as possible, he should retain a Washington attorney and seek a modification of the child support order if appropriate.

    If he is not willing to do this, you may want to consult a California attorney as to your rights and protecting your wages and interests in your community property.

    This office is licensed to practice law only in the state of California. The answer provided above is for general... more
  3. 2

    Lawyers agree

    Answered . What you want to do by "hiding" assets is not going to work. What it sounds like is that she convinced a court to impute 10k worth of income to him. The increase two years ago sounds like it went unopposed. A spouses income is not normally attached.

    Your best bet is to hire a WA attorney and try and modify the child support order to guideline child support using current income. You need to over come how the income was imputed but it is not impossible.

    Good luck

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more

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