Can an estate trust in which the beneficiary is denied access, be accessible to opposing party in child support case based on any financial information other than income?
The child support case is in Denver, CO & the estate trust is in Phoenix, AZ.
I am not licensed in your state so you should schedule a consultation with a trust and/or family law attorney in Colorado. The answer, as most things in the law, probably is that it depends. Typically estate trusts will contain a "spendthrift" clause which makes the assets of the trust inaccessible to creditors so long as the assets remain in the trust. Once a distribution is made, then creditors can attach a judgment, lien, levy, etc. to the distribution. However, state law may trump this general presumption for matters dealing with child support.
Without reviewing the document, it is going to be tough to give you a good answer. A crafty attorney may find a way around the rules so you will need someone that is experienced in these matters representing you. Use Avvo's Find a Lawyer tool to locate an attorney in your area. Take a copy of the trust instrument for review and then you can learn your options.
The information provided herein is not, nor is it intended to be, legal advice. It is for informational purposes only. No attorney-client relationship has been created and we have no obligations to you or your case.
As in many cases involving family law issues, the answer is: "it depends." It is not clear from your question just what you are asking. Do you want to know if a party owed child support can force a trust of which the other party is a beneficiary to pay that support? That is the kind of question which cannot be answered without looking at the document which created the trust and describes what rights the other parent has to receive money from the trust.
www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
The fact that a party in a child support proceeding is a beneficiary of a trust is an economic circumstance that the court in the child support proceeding should take into consideration in the determination of the rights and obligations of the parties. The extent that the trust will influence the proceeding will vary from case to case depending on all of the facts that are put into evidence including the amount of the income and potential income, the value of assets and the terms of the trust. It is unknown as to whether you are writing a new trust, amending an existing trust or a beneficiary of the trust.
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