Florida: Non Cust: Inheritance

[Oh man]

Florida:

A realitive passed away a year ago leaving me a trust. I got the first part of it and paid for a house as well as paying off my car and bills. I don't have much now but in 4 years I will get the second instalment and in 9 years will get the rest.

It is not every month or year that I get payment but in 4 and 9 years from now. It is a nice chunk of change and my X-wife is putting 2 and 2 together and wants FL DEP of revenue to locate it and use it as income. She though it was monthly and now thinks it is yearly and my mouth is shut. It is a trust and I am not sure if she can really find out about it, can she? It is not in my name and a trustee is looking over it. I don't pay taxes on it as the truste hadles that and again the trust is not in my name.

Long story short she smells cash and wants to go gold digging. I support my child and for the past 3 years have been paying $100.00 over what I have been ordered.

Can she touch this trust? Can she find out about it? "if I don't pay taxes on it under my name or something"? With the payments 4 and 5 years apart can it be come income towards child support?

 

[no$$4us]

trust

Yes she can get the trust. More than likely it will be a technicality as to when you receive the money. Any lump sum payments, bonus's etc can be taken if you are in arrears. It can also be calculated or averaged in if it is consistent (even every 5 years).
I finally was able to garnish a life-time annuity of my ex' which is supposeably untouchable. His annuity pays monthly and then every 5 years a lump sum payment comes in and is increased by $5000.
In 1997 he got $15,000 and 20,000 in 2002. He could have paid off a substantial amount of his arrears. He also owes $10,000 on unpaid medical since he refused to help with that for the past 10 years.
My ex however, hid for years, owes over $40,000 in arrears, is a chemical engineer making good money and still is refusing to pay.
I have never asked for an increase in support---even when he was found after hiding for years and his salary has doubled.
I have currently lost my at-home business due to covering for him when he was not paying.

 

[audster]

I'm not sure aboput CS specifically, but it is my understanding that inhierited property is not subject to divorce laws, at least in Illinois. I inheirited a house and ex tried to raise support on the value of the home.....Judge wouldn't allow it as it was inheirited property. This was in 2001 in Illinois.

 

[BelizeBreeze]

Under the Child Support Recovery Act any assets can be seized and converted to pay for CS arrearages. HOWEVER, it's a big leap to assume that such exist since the poster NEVER said he owed back child support.

If there is none owed, then the ex can file all she wants, but the question of whether or not a trust enjoys the same protection as an inheritance AFTER THE FACT is a matter of fact for the judge to determine.

And case law is in the poster's favor.

 

[no$$4us]

Inheritance

Any funds can be collected to pay child support if the obligations are not being met.
Also if she could prove that you have a large amount of reliable income available, she may be able to get an attorney to average it into the support or it could be calculated as an increase at the time it is received and in that case your support could go up substantially.

 

[BelizeBreeze]

Any funds can be collected to pay child support if the obligations are not being met.

At least you're consistantly wrong.

 

[Oh man]

I don't owe back support.

How could she find out all the details of my trust?

If I deny it, I don't pay taxes on it and so on....

 

[nextwife]

If the trust administrator has full discretion, you may want to see about the trust deferring payment of income from the trust to a later time. As I understand it, if the INCOME from the trust is yours, but you do not control distribution, it would be the INCOME the trust generates that is subject to CS.

 

[no$$4us]

inheritance

Quote:
Any funds can be collected to pay child support if the obligations are not being met.

At least you're consistantly wrong.
__________________
Really! Tell me where I am wrong and please refer to the federal law that backs your statement.
Any and all funds from any sources can be used to collect support.
If the guy does not owe back due --fine.
Full faith and credit law can even take support from other sources if the payor can't pay the entire amount from one source.

But if she can prove a regular source of income--she may be entitled.
I guess you really don't like the law because it does not agree with you.
Keep trying though --you may be getting warm

 

[BelizeBreeze]

Any and all funds from any sources can be used to collect support.

Sources of income which cannot be used for child support payments:

The proceeds from drug sales.
Prostitution
Gambling where the act is illegal
extortion
murder for hire
garnished wages
the sale of property pursuant to a judgement lien
Federal Tax lien proceeds

etc...etc...etc.

 

[nextwife]

Sources of income which cannot be used for child support payments:

The proceeds from drug sales.
Prostitution
Gambling where the act is illegal
extortion
murder for hire
garnished wages
the sale of property pursuant to a judgement lien
Federal Tax lien proceeds

etc...etc...etc.

Not to mention that ANOTHER persons (a NCP spouses premarital non comingled funds) money cannot be used. And some trusts are structured so that the money is NOT that of the person who benefits from the trust, but the trust itself.

Another example: If my husband did die owing CS (say he'd been lingering in a coma, and thus obviously unable to work), the life insurance I own and pay myself against his life would not be subject to CS.

 

[no$$4us]

inheritance

GREAT@! I am glad you are being so helpful to this guy and his concerns.
Talk about a productive discussion.

 

[BelizeBreeze]

Not to mention that ANOTHER persons (a NCP spouses premarital non comingled funds) money cannot be used. And some trusts are structured so that the money is NOT that of the person who benefits from the trust, but the trust itself.

Another example: If my husband did die owing CS (say he'd been lingering in a coma, and thus obviously unable to work), the life insurance I own and pay myself against his life would not be subject to CS.

The danger of making such blatantly generalized statements

 

[no$$4us]

inheritance

If a lawyer can prove that you are purposefully hiding a legitimate source of income(ie --your insurance) you could be subject to modification.
Everyone --including lawyers and child support said I could not get a hold of the annuity for an accident that he had previous to our marriage--and guess what --I did.
If a lawyer can prove that the sources of income are from your unlawful sources of income, you will also be subject to the laws of the state including possible incarceration.
I really don't see any cases of people trying to get support from a person in a coma.

 

[Oh man]

Not to mention that ANOTHER persons (a NCP spouses premarital non comingled funds) money cannot be used. And some trusts are structured so that the money is NOT that of the person who benefits from the trust, but the trust itself.

Another example: If my husband did die owing CS (say he'd been lingering in a coma, and thus obviously unable to work), the life insurance I own and pay myself against his life would not be subject to CS.

That is how it works, the truste invest money from the trust and the intrest just builds and in 4 years I will get 1/2 of what is in the the trust and in 9 years the rest. The truste handles the taxes and it is all set up under "_ _ _ trust fund" " not my name but my grandparents last name.

I think I maybe ok. I think it will be hard for anyone to find it if no taxes were made for it in my name and I really have nothing to do with it for 4 more years. In fact my X-wife slipped and said she talked to a lawyer and he thought maybe I was hidding my money in my wifes bank account. So if I put all the money in my wifes account "present wife" if anyone pulls my accounts they will see only $1,000 and can't really hold me on anything.

In fact I get a check from the trust from the truste and as long as I don't cash it and keep it in a bank they can't hold me on it, if I invest it I can do it all under my wifes name.