Legal Question in Family Law in New Mexico
trust income
the husband receives a quarterly trust income distribution set up for him by his grandfather. Does his soon to be ex-wife have rights to these funds? Is this considered regular household income?
1 Answer from Attorneys
Re: trust income
I haven't looked at the law in this area for some time and I would want more facts to formulate an answer that I would feel more confident in answering. Be that as it may, I would offer that the trust money could probably be used in calculations to review child support and alimony; and, it may also be available for use in calculating the interim division of income. However, in the long run, I would say those funds belong solely and separately to the husband and could not be touched in a manner similar to dividing other property and assets that were "of the marriage."
good luck.........