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Child support and public assistance

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Court date set, please help me strategize...

I was considering letting himself look poor but now I think I really do need to show what my STBX lives off of. I understand bank records may show past deposits (or not - he may have cashed them). I understand that the trust document or deed will show how the trust is set up for the beneficiaries.

If nothing has changed, it will show (per his mom, who I believe manages the trust - the "trustee", right?) that he gets a certain amount per year, paid quarterly.

If something has changed, it should show that this change occurred during the divorce proceedings, which I would think would look like he (abetted by his mom) are trying to avoid having it calculated for child support. But they could always claim it just happened that way, right? Bad economy/rentals down on their properties?



SO, do I HAVE to fly his mom out here to the trial in order to get this document? Have her actually bring it? Or is there another way? Can she just claim it doesn't exist?



I believe we are going to submit a discovery request next week that will ask him to outright identify any trust money he gets, but so far he has just flat-out lied about it. I know I can work this from the other end too, saying ok if your expenses are 3,500 a month and you have no debt (and are not searching for a job), clearly you are receiving money from somewhere.

After our recent hearing and seeing how little most stuff matters and how supreme an "involved Dad" can reign, now I am fearful I am going to end up with the worst possible outcome - stuck here where I can't make a living, without any help from STBX. I understand better now that the judge here pretty much does backflips if Dad is involved at all, whether or not he helps out financially.

Thanks for any insight in advance.
 
Last edited:


CJane

Senior Member
I was considering letting himself look poor but now I think I really do need to show what my STBX lives off of. I understand bank records may show past deposits (or not - he may have cashed them). I understand that the trust document or deed will show how the trust is set up for the beneficiaries.

If nothing has changed, it will show (per his mom, who I believe manages the trust - the "trustee", right?) that he gets a certain amount per year, paid quarterly.

If something has changed, it should show that this change occurred during the divorce proceedings, which I would think would look like he (abetted by his mom) are trying to avoid having it calculated for child support. But they could always claim it just happened that way, right? Bad economy/rentals down on their properties?



SO, do I HAVE to fly his mom out here to the trial in order to get this document? Have her actually bring it? Or is there another way? Can she just claim it doesn't exist?



I believe we are going to submit a discovery request next week that will ask him to outright identify any trust money he gets, but so far he has just flat-out lied about it. I know I can work this from the other end too, saying ok if your expenses are 3,500 a month and you have no debt (and are not searching for a job), clearly you are receiving money from somewhere.
You REALLY need to get your attorney on top of this one. I have NO IDEA how trusts work, but it seems to me that the trustee is accountable somewhere along the line and they can't just "change things up" like you're suggesting.

Documents can be subpoenaed.
 
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