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Can a trust fund of non custodial parent be attached for child support arrears?

My daughters father is in arrears of a court ordered child support order. He has always worked under the table, never had a license or bank account so I haven't had any options of attaching wages or having his license suspended etc. His father passed away 2 years ago and the estate is now going through probate. I've been told by someone in his family that his father set up a trust fund for him that he will be receiving from the estate. My question is, is a trust fund something that can be attached to pay owed child support and can the courts order that future payments be made from the trust if he does not start paying voluntarily?

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It would depend on the type of trust involved--how it was set up by his father and how the funds are to be received by the son. It is certainly worth a "shot" at pursuing this avenue. In addition, you should contact the DOR as they are agressive in bringing delinquent support actions. Good luck! Matthew Barach ESQ



Not much to add other than what Attorney Barach said, but this was actually a fact pattern on the essay portion when I sat for the bar exam. Child support arrears in Massachusetts generally would allow a trust to be invaded, but it could change depending on more specific facts.

William Chambers, Esq.
Partner
Chambers & Shea


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