Both child support and spousal support orders can be collected from the proceeds of a family trust even if the family trust contains a spendthrift clause. Parents often create a trust to provide finances to children even if they are adult children. The trust can contain what is often referred to as a spendthrift clause. A spendthrift clause prevents creditors of a beneficiary from suing and collecting debts from assets which have not been disbursed from the trust. The creditors must wait until the money is disbursed to a beneficiary before the judgment can be enforced. However, spousal support and child support is treated differently. Probate Code section 15305 allows a family court to inquire of the trustees of the trust to determine if the trustees can pay directly to the spouse any outstanding amounts. If the court determines that it is able to do so, it can order that the family trust make payments directly to the trustee.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.
Please note that this legal advice does not establish a family law attorney-client relationship.