Attorney Christian A. Straile, LLC
Available 24/7 | Hablo Espanol :
352-371-9141

Family Law - Child Support Enforcement & Spendthrift Trusts

In family law, whether divorce or paternity, once there is an order of child support, the next problem for some is collecting said support payments. Enforcement of child support can be especially difficult when the obligor has no assets, hidden assets or protected assets. One way to protect assets from being depleted is by having a spendthrift trust that restricts the way that funds that are distributed can be used.

A spendthrift trust usually provides the beneficiary with income while maintaining eligibility for public assistance; it restrains both voluntary and involuntary transfer of a beneficiary's interest. Just enough money is distributed to allow the beneficiary to stay dependent on the government. What if the beneficiary of a spendthrift owes back child support?

Under Federal law, a beneficiary of a spendthrift trust is not disqualified or deemed ineligible for medical assistance to the extent that assets are transferred to the individual's child. Furthermore, under Florida law, there is an explicit exception to a spendthrift provision. Therefore, even though a spendthrift trust may not be forced to make distributions, any discretionary distributions are subject to garnishment. Nothing prohibits a former spouse or a co-parent from obtaining a writ of garnishment against discretionary disbursements made by a trustee. However, garnishment of a spendthrift trust should only be used as a last resort when all other traditional remedies have been exhausted and are ineffective.

Whether the family needs assistance in prosecuting or defending a spendthrift trust or child support we can help. Please click, call or fill out the form to begin.

No Comments

Leave a comment
Comment Information
Email Us For A Response
Firm Logo Small

Learn How I Can Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Gainesville Office
1031 NW 6th Street
Unit A-2
Gainesville, FL 32601

Phone: 352-371-9141
Fax: 352-371-9142
Map & Directions

Mailing Address
PO Box 5355
Gainesville, FL 32627

Phone: 352-371-9141

Ocala Office
108 N. Magnolia Avenue
Suite 501
Ocala, FL 34475

Phone: 352-694-4529
Map & Directions

  • Location
    Mailing Address
  • Location
    Gainesville Office
  • Location
    OCALA - By Appointment
    Only