Davison, MI asked in Estate Planning for Michigan

Q: I want to get a trust.My son is behind on child support, if I have my sister be the executor can child support take it

The mother is a drug addict and she would blow anything she got on herself.

Related Topics:
2 Lawyer Answers
Robert P. Taylor
Robert P. Taylor pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In general, child support can reach anything your son is entitled to. If I understand what you're trying to accomplish, what you need is to set up some sort of trust where your sister has discretion as to when and how much she gives your son. You'll need a good estate planning lawyer to set this up. It will be a significant amount of work for your sister to maintain and could create problems between your sister and your son, if she is not giving him what he wants when he wants it.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: Mr Taylor is right, and further, if the mother and the local friend of the court are sophisticated enough, they can 'attach' any distributions from the trust making it less than useful in the first place.

The SOLUTION probably lies in the domestic courts here, and the longer your son waits, the worse things will get. He should be investigating whether or not it makes sense to go back to the court that ordered support and have that order modified. Doing an 'end run' may FEEL like a solution, but the better option is to go to the heart of the issue. If the support is being abused, and the children are not being cared for properly, get the custody/support changed!

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.