Frisco, TX asked in Child Support and Estate Planning for Texas

Q: Unpaid child support and alimony and assets hiding in the form of Revocable living trust

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.

Now I filed enforcement by contempt action against his wife and my ex which is pending in court with hearing in Feb.

Now I again discovered that they bought a house (homestead ) on his wife name which is included in a living trust.

He again setup another LLC company which is a living revocable trust for which he is a registered agent under same home address . I guess all his salary and the house is in this trust.

Now, how do I proceed and what to file?

I need help to guide me

I COMPLETELY UNDERSTAND THIS IS NOT A ATTORNEY CLIENT RELATIONSHIP AND I AM 100% LIABLE FOR MY ACTIONS / FILINGS.

Please help me and my child. I am unemployed and uninsured.

1 Lawyer Answer
Jaime Victor Papa
Jaime Victor Papa
Answered
  • Estate Planning Lawyer
  • Plano, TX
  • Licensed in Texas

A: I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

- ANSWER: Enforce this judgment.

So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.

Now I filed enforcement by contempt action against his wife and my ex which is pending in court with hearing in Feb.

- ANSWER: Make sure she is aware of your judgment, which it sounds like she is. Therefore, it makes sense that you are now trying to get your judgment enforced.

Now I again discovered that they bought a house (homestead ) on his wife name which is included in a living trust.

- ANSWER: The living trust cannot protect any assets from a lawsuit, however I am not sure what claim if any you have against the home.

He again setup another LLC company which is a living revocable trust for which he is a registered agent under same home address . I guess all his salary and the house is in this trust.

- ANSWER: The structure you listed does not exist.

1. After an LLC is formed, you can place it inside of a living trust.

2. The purpose of an LLC is to protect a business owner's personal assets from lawsuits.

3. The purpose of a living trust is succession planning.

4. His bank accounts can be placed in the trust, but the trust will not protect them from your judgement.

5. Although the house may be in the trust, I do not see how the house is relevant, especially if he does now own it.

Now, how do I proceed and what to file?

It looks like you have already filed against his employer to get your judgment enforced.

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