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http://www.estatetaxlawyers.com/articles/2013-04%20TE-Trust%20Funds%20and%20Alimony.html
UTC Section 504(c) states if a trustee hasn't complied with the standard or abused his discretion, a court can order a distribution to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary's child, spouse or former spouse, and the court shall direct the trustee to pay the child, spouse or former ...
https://secure.ssa.gov/poms.nsf/lnx/0501120200
The claimant is a child and the beneficiary of a trust established on her behalf by her mother, who is her legal guardian. The money used to establish the trust was inherited by the claimant directly from her grandmother, making the beneficiary the grantor. The mother is also the trustee.
https://www.flprobatelitigation.com/2019/06/articles/new-probate-cases/marital-agreements-and-spousal/child-support-claim-vs-special-needs-trust-who-wins/
Jun 09, 2019 · This case involved a beneficiary of a special needs trust that hadn’t paid his child support in years. His trust was established pursuant to 42 U.S.C. § 1396p with funds from the settlement of a product liability action brought on the beneficiary’s behalf after he was catastrophically injured in a car accident as a minor.
http://nmlawattorneys.com/will-an-irrevocable-trust-shield-you-from-support-payments/
Mar 30, 2017 · Recently a California appellate court reviewed a request to compel a trustee of an irrevocable trust to satisfy a beneficiary’s child support obligations from the trust and to impose a judgment lien to satisfy a community property judgment.
https://blog.finkrosnerershow-levenberg.com/elder-law-news/distributing-estate-trust-watch-child-support-liens/
Jul 13, 2016 · However, they also have a duty to pay a beneficiary’s share to probation if the beneficiary owes child support. During the first six months or so after the beginning of the estate administration process, the bills are arriving and the Executor/Administrator is gathering the assets, selling property, and figuring how what is due. The process ...
https://www.gillekaye.com/legal-blog/2017/july/is-child-support-payable-from-a-family-trust-/
Jul 31, 2017 · If the beneficiary of a trust pays child support, the annual trust money is seen as income, so it can and should be used to pay support when necessary. In other situations, a trust can be setup to give all the funds within it to a name executor or beneficiary at once. Such a spendthrift trust is not immune to being used for child support.
https://www.flprobatelitigation.com/2019/06/articles/new-probate-cases/marital-agreements-and-spousal/child-support-claim-vs-special-needs-trust-who-wins/
Jun 09, 2019 · This case involved a beneficiary of a special needs trust that hadn’t paid his child support in years. His trust was established pursuant to 42 U.S.C. § 1396p with funds from the settlement of a product liability action brought on the beneficiary’s behalf after he was catastrophically injured in a car accident as a minor.
https://www.wealthmanagement.com/estate-planning/update-are-trust-funds-safe-claims-alimony-or-child-support
Update: Are Trust Funds Safe From Claims For Alimony or Child Support? ... Should a parent or other settlor be able to create a trust to protect a child or other beneficiary, such that the trust ...Author: Barry A. Nelson
http://www.estatetaxlawyers.com/articles/2014-03%20T&E%20Protecting%20Trusts%20from%20Alimony.pdf
trust decides to make a distribution to an intended ben-eficiary, then such beneficiary’s former spouse who has a support judgment may petition the court to grant a con-tinuing garnishment. Thus, if the trustee wants to make a distribution to or for the benefit of the beneficiary, under Bacardi, the beneficiary’s former spouse holding
http://nmlawattorneys.com/will-an-irrevocable-trust-shield-you-from-support-payments/
Mar 30, 2017 · Recently a California appellate court reviewed a request to compel a trustee of an irrevocable trust to satisfy a beneficiary’s child support obligations from the trust and to impose a judgment lien to satisfy a community property judgment.
https://www.paulduron.net/blog/child-support-trust/
Nov 15, 2018 · The funds held by many trusts are distributed monthly or annually to the beneficiaries. If a trust beneficiary is a non-custodial parent who has been ordered to make child support payments, trust income can – and in some cases should – be used toward satisfying the child support obligation.
https://www.flprobatelitigation.com/2019/06/articles/new-probate-cases/marital-agreements-and-spousal/child-support-claim-vs-special-needs-trust-who-wins/
Jun 09, 2019 · This case involved a beneficiary of a special needs trust that hadn’t paid his child support in years. His trust was established pursuant to 42 U.S.C. § 1396p with funds from the settlement of a product liability action brought on the beneficiary’s behalf after he was catastrophically injured in a car accident as a minor.
https://heleneltaylor.com/calculating-child-support-trust-fund-beneficiarys-income-available-support-based-net-disposable-income/
In a recent California divorce, a trust fund beneficiary’s attorney argued that, when calculating child support, the beneficiary’s income available for support should be based only on his net disposable income and not the tens of millions of dollars held in trust for his benefit.
https://www.nolo.com/legal-encyclopedia/sample-childrens-trusts.html
Until the trust beneficiary reaches the age specified for final distribution of the principal, the trustee may distribute some or all of the principal or net income of the trust as the trustee deems necessary for the child’s health, support, maintenance and education.
https://www.lynchowens.com/blog/2019/august/protecting-family-trust-assets-from-a-beneficiar/
Aug 12, 2019 · Courts have found that an “ascertainable standard” (i.e. legal requirement) exists for a Trustee when a trust’s terms require the Trustee to distribute trust assets to support a beneficiary’s needs for health, education, support or maintenance and even to simply maintain the quality of life that the beneficiary is accustomed to living.
http://lewislawoftrusts.lawbooks.cali.org/chapter/discretionary-and-support-and-the-rights-of-the-beneficiarys-creditors/
Thus, the beneficiary’s creditors cannot attach the funds in the trust. However, creditors who supply the beneficiary with necessaries like medicine may recover from the trust. In a growing number of jurisdictions, the children and spouses of the beneficiary of a support trust may enforce claims for child support and alimony.
https://www.justanswer.com/estate-law/93bdr-family-trust-brother-owes-back-child-support.html
May 13, 2015 · In our family trust my brother that owes back child support did not have him self listed as a beneficiary because he knows that child supportwill take what he owes . the family members that are listed as beneficiarys are supposed to pay him his share after the fact . It all smells like fraud and i want no part in it . what should i do?
https://pocketsense.com/can-irrevocable-trust-sued-trust-8058698.html
Most irrevocable trusts have language that prevents the trust from being responsible for a beneficiary’s debts and creditors, which makes it difficult for a lawsuit to penetrate the protection of the trust. The exceptions to this are child support, alimony and taxes.
https://specialneedsanswers.com/child-support-and-supplemental-security-income-a-primer-14241
Because access to Supplemental Security Income (SSI) depends on a beneficiary's income and resources, even small increases in income can cause a reduction or loss of SSI benefits. Unfortunately, when an SSI beneficiary's parent is ordered to pay child support, those payments can end up ruining the beneficiary's access to government benefits.
https://www.divorcenet.com/states/massachusetts/child_support_and_life_insurance
Securing a child support obligation with a life insurance policy is an excellent way to make sure that child support payments will continue in the event of the paying parent's death. ... you may want to reconsider naming the child as beneficiary of a life insurance policy. ... These policies can be paid to a trust (revocable or irrevocable) as ...
https://info.legalzoom.com/name-beneficiary-divorced-minor-children-25327.html
This is because the noncustodial parent will probably be paying child support. If he dies, the children still need that financial support. ... Another option for how to protect your children financially in the event of your death is to establish a trust and name the trust as beneficiary of your life insurance policy. ... Can Minor Children be ...
https://www.alperlaw.com/estate-planning/florida-irrevocable-trust/
These special creditors include claims by a beneficiary’s child, claims of a former spouse for support and maintenance, and claims by creditors (such as an attorney) who have provided services for the protection of a beneficiary’s interest. The special creditors may garnish a beneficiary’s interest and distributions from an otherwise ...
https://www.sandiegodivorcelawyerblog.com/california-dad-wins-case-forcing-trustee-make-payment-covering-moms-back-owed-child-support/
Sep 20, 2016 · In this specific case, that meant a trustee of a trust could be ordered to pay a woman’s back owed child support to the father of her children, even though the trust agreement had clear language forbidding the trustee from making payments to creditors of the mother, a named beneficiary in the trust.
https://www.alllaw.com/articles/nolo/wills-trusts/trust-for-child-children.html
The beneficiaries have a legal right to know how their money is being managed and spent. Ending the Trust. A trust for a child usually ends when the beneficiary reaches a certain age, or, if the trust is for more than one child, when the youngest one does.
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