• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Trust, how much can my X wife get from my trust?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Radeon

Junior Member
What is the name of your state?

A few years back a relative passed away. He left me everything but the money was put into a Trust Example "Rogers family trust" and under the way it was wrote up I am only a beneficiary of it.

A person my relative hired to manage the trust handles the money, investments and disbursement's

I received X amount right away
4 years after that amount I will get another X amount
5 years after that I will get the rest of the money.

So in 9 years I will get it all.

My question is:

What can my X-wife get from this if anything for added child-support?
We have to go back to court in a few months and she has said she will have me testify on when I get it and so on.

I will talk to a lawyer but thought some help of what to expect and the fact it is killing me to know if she can even get some of it and how much of a % she might get.

Right now unless I testify the trust is set up so that the only thing it has to do with me is I am a beneficiary but my name is not on the trust its self and I do not file taxes on it because the person handling the trust does all that. As I said it is under “Rogers family trust” My name is not Roger so… the only way to find it is to have me testify I am or will get some money later on.
 


Interesting situations, would have been a lot easier had it gone into an irrevocable trust, that way only the interest of that trust could have been used in the assignment of income for CS. Several states look at trust differently.
 

LdiJ

Senior Member
bulldogg70 said:
Interesting situations, would have been a lot easier had it gone into an irrevocable trust, that way only the interest of that trust could have been used in the assignment of income for CS. Several states look at trust differently.

The trust still remains an inheritance. And inheritance is separate property if it is not co-mingled with marital assets, and an inheritance is not income for child support purposes. He is simply recieving the inheritance on a differred basis.

Any interest he recieves on the money once its in his possession would be income for child support purposes, but I don't think that the actual lump sum payments would be.
 

Radeon

Junior Member
Here is what the trustee said

"It was revocable during your "family members" lifetime but became
irrevocable
when he died."

So???
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top