Legal Question in Family Law in Texas
Trust fund access
My daughter has two children by a man that recieves his income from a trust fund. He is unemployeed. Can she force the trust fund (that pays all his bills) to provide support for his two children? Can she force him to give access to the funds to benefit the children, his sole aires? Can he be forced to pay child support using money from the trust fund?
2 Answers from Attorneys
Re: Trust fund access
The judge will consider the income from the trust in setting a child support figure. If the trust provisions require distributions, the trustee can be forced to make distributions for the purpose of paying child support.
There are no "forced heirs" under Texas law. A person can leave his/her estate to any persons he/she desires. Therefore, there is no way to require that the trust interest be left to the children.
Aside from the foregoing, the trust provisions themseleves undoubtedly state what is to be done with the trust assets upon the death of the beneficiary.
I suggest your daughter retain an attorney to assist her.
Re: Trust fund access
In Texas, child support is set as a percentage of a person's net disposable resources received per month. Trust distributions are one source of income to go into that calculation. There could be other "income" which could be attributable to him, even though he does not work. I am board certified in the field of family law practicing here in the Houston area. I would be glad to dicuss your available options if you would contact me directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
