I have an attorney who specializes in family law. Court continues to be continued for various reasons. He inherited millions but we have been unable to prove it. The trustee appears to be helping him hide the income. We sent a subopena for income and the day of court my ex came to court with a letter stating that he is NOW receiving $1600 per month. He inherited the estate over a year ago and has a lavish home and cars. His support is set at the minimum amount because for years he refused to work and pay support. His lives out of the state of jurisdiction and his lawyer in Ohio does seem to be in the dark as to what income he is getting. My lawyer and most I spoke with, are limited in this area because they say it is an uncommon circumstance.
"his lawyer in Ohio does seem to be in the dark as to what income he is getting." Attorney-client confidentiality. He's not supposed to talk.
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I'm not sure what a PI will do for you. If your husband has an interest in a trust, the next step would be to find out whether the spendthrift provision is or is not effective with respect to child support. It may or may not be, depending upon the specific provisions in the trust agreement. If the trust is not an Ohio trust, you will need an estate planning attorney licensed in the state whose law governs interpretation of the trust. I don't know that this is that uncommon because one motivation behind parents' estate planning is to insure that inherited assets do not get divided in a future divorce proceeding. Stop speaking to attorneys and hire one with the proper credentials, and then provide him/her with a copy of the information you have (including the trust agreement, of course) and let him/her advise you regarding the situation. That attorney could provide your family law attorney with better questions to ask. Best wishes to you.
This response contemplates only the laws of Ohio and is not intended to apply to other jurisdictions. None of the information in this response should be used or relied upon as legal advice or legal opinion about specific matters, facts, situations or issues. Viewing it does not establish an attorney-client relationship between you and Sherrille D. Akin, the law firm of Isaac, Brant, Ledman & Teetor LLP, or any of its individual attorneys
Your attorney will know how to proceed. I would expect your attorney to take the deposition of the trustee to establish the full extent of the trust assets and income. This would give your attorney the ability to examine the trust documents to determine whether there is a spendthrift clause which is effective. I too don't believe this is a case for a private investigator. Through depositions and production of documents, your attorney will be able to show his income by this standard of living.
Spendthrift provisions are typically placed in trusts so that the parents' money never becomes accessible to the creditors of the beneficiary.
If your ex- earned the money, you'd be able to get it, but since he's being given access to and use of things (lavish home and cars) that he probably does not own, you cannot.
Your attorney should investigate, but I wouldn't be optimistic.
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You don't need a private investigator. Your attorney can get all the information needed through depositions.
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