Child Support 33K in arrears

[mjswen]

What is the name of your state? Florida

I just found out that my ex-husband has a trust fund which he will inherit after his mother dies. He is 33K in arrears and is there any way to lien a trust fund for back child support in the state of Florida? I don't have an attorney I go through the DOR, because I'm on public assistance.

 

[nextwife]

What is the name of your state? Florida

I just found out that my ex-husband has a trust fund which he will inherit after his mother dies. He is 33K in arrears and is there any way to lien a trust fund for back child support in the state of Florida? I don't have an attorney I go through the DOR, because I'm on public assistance.

The money is not his until mom dies.

 

[jazzmynblack]

Why would you want to take something his mother left HIM? Why are you waiting for your childs granmother to die for you to get a BIG break? Why cant YOU get a job? Is he paying now or you just want what he owes you and you dont care were it comes from. All you know is that you need yours, right?

 

[fairisfair]

Why would you want to take something his mother left HIM? Why are you waiting for your childs granmother to die for you to get a BIG break? Why cant YOU get a job? Is he paying now or you just want what he owes you and you dont care were it comes from. All you know is that you need yours, right?

um we are talking about CHILD SUPPORT here. Last time I checked, child support was for the children. Yeah, IMHO, where ever it comes from, works for me.

 

[GrowUp!]

Yeah, IMHO, where ever it comes from, works for me.

And I hope you also think that it goes BOTH ways for both parents. SO if the CP comes across a windfall, then the other parent's support obligation shall be modified to reflect such windfall.

 

[nextwife]

Bottom line is that UNTIL there is an inheritance, it is NOT fdad's money. The decedant can change their trust at will PRIOR to when they die. There may or may not end up being an inheritance. His mom could live to 101. Who knows?

 

[fairisfair]

And I hope you also think that it goes BOTH ways for both parents. SO if the CP comes across a windfall, then the other parent's support obligation shall be modified to reflect such windfall.

We aren't talking about modification, we are talking about arrears.

 

[nextwife]

We aren't talking about modification, we are talking about arrears.

Regardless, it's NOT dad's money. Mom is alive.

 

[fairisfair]

REgardless, it's NOT dad's money. Mom is alive.

True, but who knows how long this thread will go on???

 

[GrowUp!]

True, but who knows how long this thread will go on???

Hmm...good question. Care to take a guess?? I'll give it under the end of the day -- or whenever a daily sweep of thread closings are done by the Admin.

 

[mjswen]

The money is not his until mom dies.

Yes, I realize that.. but she just inherited, because her uncle died, so she put it in a trust for her kids, but my question is can it be liened? So that my kids will get what they are owed.

 

[mjswen]

To Jazzmynblack

Why would you want to take something his mother left HIM? Why are you waiting for your childs granmother to die for you to get a BIG break? Why cant YOU get a job? Is he paying now or you just want what he owes you and you dont care were it comes from. All you know is that you need yours, right?

I want to take what his mother leaves him because he is a dead beat he has never paid and he won't keep a job, as sson as his wages get attached he quits so he doesn't have to pay.. I do have a job and I support 3 kids on my own and it is hard he needs to pay too.. He doesn't help in anyway! You don't have to be so judgemental, if you were owed that much money I bet you would go after it any way you could. Even if he won the lotto I would get what is owed to me, i'm just not sure about a trust.

 

[weenor]

Yes, I realize that.. but she just inherited, because her uncle died, so she put it in a trust for her kids, but my question is can it be liened? So that my kids will get what they are owed.

No. From what you've posted the money is hers. Even if she puts it in trust it doesn't pass to your ex until she dies so there is nothing to put a lien on. She doesn't owe you the money, her son does.

 

[fairisfair]

Yes, I realize that.. but she just inherited, because her uncle died, so she put it in a trust for her kids, but my question is can it be liened? So that my kids will get what they are owed.

settlements can have liens placed on them for child support. The inhertitance is probably not exempt. After the trust is his, check with CSE

 

[Hope423]

Child support 33K in arrears

The important word here is trust. He might be the beneficiary of the trust after his mother dies, but the trust document itself dictates here. The mother might have some fairly strict provisions written in this trust; and there will no doubt be a trustee involved. From what I read you saying, there is a will with a trust provision. That's a long way from a trust. I would be more aggressive on collecting the child support obligation now and not banking on the trust (if it is ever established; it might be a residuary trust -- which means that if there is any money left after her bills, there will be at trust funded). Child support is his obligation; not his mom's. I know that it is blunt but blunt is something that in this situation should be dealt with.