Legal Question in Family Law in California
trust fund money
I have been divorced since January 1985 my daughter was 3 now she is 17. On the divorce papers her father owed child support of $300.00 a month from January 1985 to June 1986 then from July 1986 to November 1999 he was to owe $200.00 a month and put $100.00 a month in a trust fund that she is supposed to receive when she turns 18. I am 99% sure that there is no money in there. What should I do? Do I need to write him a letter to see if there is any money in there or do I need to have an attorney do that? Should there be interest added on? Do I need to take him to court or does my daughter when she turns 18? Can he get out of paying if he files bankruptcy? He own his own business what if he makes it look like he has nothing? Can we have him pay court costs and Attorney fees (if we win)the case? Is there an alternative course of action?
2 Answers from Attorneys
Re: trust fund money
he cannot discharge a child support obligation in a bankruptcy but you will likely have to wait until she is 18 to enforce it unless you have some evidence he has not complied with the court order.
Re: trust fund money
You've waited 14 years to find out if he is obeying the court order?
I believe you should retain an atty to:
1. confirm that the funds are in place
2. modify support to the maximum level. You are entitled to c/s until she turns 18, but if she is still full time HS student living with you support continues to graduation or age 19, whichever occurs first. Of course, if she graduated last June and turns 18 next month, it's not worth it.
Attorney fees can be awarded to you whether you "win" or not. It turns on need and ability to pay. Atty fees for collection of a previous support order are mandatory.
C/s cannot be discharged in bankruptcy.
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