Q: Hello! How does one collect child support from a trust with a spendthrift clause in Colorado?
Ex husband is named in a trust that is getting the money from relatives. Has not paid any child support.
A:
If you have an order, it may be worth going back to court to get arrears paid. If you dont have an order, you should definitely proceed with getting one on behalf of yout minor child(ren). Inheritance is not protected from child support.
A family law attorney can do that for you, or you can use the legal services of the State through child support services. The latter is slower, but they have the advantage of no cost to you. The former may be able to get you relief sooner, but they will charge you for their services.
Good luck.
A: If you can not proceed directly against the trust (I'm not sure about that), you can still cite him for contempt. The judge will consider his potential disbursements from the trust as a factor in determining his ability to comply with the existing order. You should get a lawyer to help you with this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
