katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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He was set up a trust for about 12,000 a month with about 30 years on the trust. He claims that it cannot be attached. Is this true? I would like to have my support order incressed so that I can take a job-share position. Currently he is almost $200,000 in arrears and is ordered to pay $700 plus $50 on the arrears. His $700 obligantion ends in 16 months. If he is brinking in $12,000 a month and I bring home only $4,500 can I get a HUGE increase? I would like to sit on my fat ass for awhile, like he did!
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AnneB
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Reged: 09/21/05
Posts: 3645
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It could be attached in Texas. If he is a direct beneficiary of the trust, there would be no question. The trustee would be served with an order. Heck, in Texas if they even get a suspicion that you have somehow circumvented being the beneficiary of a trust on paper but someone is giving you the money on the side, they make that person a party as a constructive trustee.
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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the trust came out of Utah, but we both live in CA. I don't know anything about this stuff. He seems pretty confident that I am Sh1t out of luck. I just want as much money as I can suck out of him. He is a scumb bag, well now a rich scumb bag and I want a piece of the pie!
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AnneB
Carpal \'Tunnel
Reged: 09/21/05
Posts: 3645
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So what about what he thinks? He has already proved he isn't too bright!!! If there are distributions from the trust, then that is income to him for purposes of CS as far as I know. I would call an attorney for a brief, free consultation and check. Utah could have some strange law that allowed him to set up something that was safe from any creditor. There is no law in Texas that allows anything to be exempt from CS garnishment even if untouchable by other judgment creditors.
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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I wonder if I quit my job and showed a need for the money would I get an incress? I only have 10 years until retirement and would rather take an early retirement and collect from him/ or the trust monthly for the next 30 years.
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AnneB
Carpal \'Tunnel
Reged: 09/21/05
Posts: 3645
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I don't know about California law. In Texas that would not help you one bit. They don't care what the CP makes, needs or has. Maybe someone from CA can jump in here and help you out with ideas.
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Runswithscissors
Carpal \'Tunnel
Reged: 05/29/04
Posts: 13381
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Did you tell him you were sorry to hear about the death before hitting him up on the $$$?? I know you aren't a heartless person.. but damn!
Personally... you've done okay without his money.... I AGREE it's not right.. but instead of YOU taking the money... how about maybe doing something for your daughter...... maybe set up a trust for her.
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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no didn't have a chance to tell him I was sorry before he went off on the Nah nah nah...if I ever get the money I will decide how I spend it. Maybe he has set up something for D, but I doubt it. It seems like the trust was set up iron clad to prevent me from gaining a penny. If it turns out to be the case, then the GF is just as big of a scumb bag in my opinion!
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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My understanding about a Trust is that you can't get money from that Trust. But, that's not to say that any money HE gets from the Trust can't be taken.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30209
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...like 120,000 at the beginning of the year? How did it get to over 200,000 now? I might be mistaken, but it seems to be growing awful fast.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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Spoke with my boss and I was right - you can't get any money from the Trust and the Trust can't be taken to court.
However, any money received by ex is taxable and can be considered as income.
You could also see that he is put in jail until such time as he has the Trust release the money to pay his arrears.
My suggestion would be go see an attorney and see what can be done.
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Runswithscissors
Carpal \'Tunnel
Reged: 05/29/04
Posts: 13381
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Trusts can't be "touched" Katie.... so it is always "iron clad".. however the income he recieves from the trust (interest) is taxable and considered income so you can go after that.... NOW.. he could decide to "invest" that into another program and not recieve " income"- or take any capital gains... so if he's smart... you won't get that either........ I would be contacting my attorney first thing this am and not waiting to see what he does with it.... you could maybe at least tie it up for a little while where he can't gain anything off of it.
what ever happened on the paternity thing? Did it just fizzle? That would be odd.... to have a paternity order done... and than drop it.......
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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nothing can be done about it, until it is released and then look at the terms. He can gift it away if he wants without ever collecting an income on it.
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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What's he going to do, gift it away to Miss Kelly so that she can give it back to him???
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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the "Past" is about $162,000. The intrest is calculated seperate, because that can be waived by me. So, actually he is over the $200,000 mark when the past, intrest and penelties are added together. His monthly intrest is $700.18 a month and climbing a little bit each month. Right now he is behind again 1 month for the current support of $700 plus the $50 for arrears. He would have to pay $1,450.18 just to break even each month on the current, and that is even misleading because the intrest piles up on the past monthly.
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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probably, something close to that.....errrr
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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Even if it was just 162K...you might as well say it's 200K or close to it. Because...well...it IS close to 200K on that alone!
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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Dear Katie,
California Family Code 4058 states that trust income is income for the purposes of child support. Now you have to prove that he is getting it. Are the details of the trust public? Can you write the State of Utah and request or subpoena a copy?
I would definitely take him back to court over it. Maybe he will settle out of court for a more reasonable payment.
BTW, quitting your job will not enable you to get more support. The court will just impute you at the old income.
Cinder
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