Legal Question in Family Law in Michigan

Using part of child custody money to set up trust fund for child

I am the non-custodial parent. I have been paying my child support payments, on time for the past 2 years since my divorce. Since, my ex wife has remarried within the past year and also has another child by her new husband. I only have visitation every other weekend for my son. My question is as follows, I would like to take 25% of my child support which I pay to her and set up a trust fund for my son which he will be able to get when he turns 18 years old. I'm mainly wanting this for college but also, I have my suspicions that the full amt of my child support is NOT going to my son but i'm not sure if there are any laws that I can look into about that. My main reason is to make sure he has some money for college. My ex wife refuses to do this. Is there any legal actions I can take or will the courts refuse this suggestion all together?


Asked on 1/29/03, 2:13 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Using part of child custody money to set up trust fund for child

If you can show that your child is lacking for any necessity, you can petition the court to have the money applied directly for some immediate need. However, the courts will not intervene in a college issue. If you can afford it, set the money aside and do not say anything to your ex. However, your immediate support will not be lowered. The idea is that current support also puts a roof over your child's head, etc. Down the road,setting aside college funds will be money well spent.

Read more
Answered on 1/29/03, 7:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan