Barry A. Nelson (Wealth Management) has recently published an article entitled, Are Trust Funds Safe From Claims For Alimony or Child Support? (December 09, 2013). Provided below is the abstract to the article from Wealth Management:
Are Trust Funds Safe From Claims For Alimony or Child Support
Parents who want a child’s inheritance to pass into a trust, rather than outright, often seek to prevent the child’s former spouse from reaching such assets in the event of divorce
In some states like Florida for example, it was not really clear whether a divorce could potentially garnish assets held in a discretionary trust. On Nov. 27, 2013, the Second District Court of Appeal of Florida issued its decision in Berlinger v. Casselberry, Case No. 2D12-6470 (Fla. 2d DCA Nov. 27, 2013).
Berlinger is the first Florida appellate decision addressing whether a former spouse, who has a judgment in the form of support resulting from dissolution of marriage, can obtain a continuing garnishment, since the enactment of the Florida Trust Code (FTC).
For more information on this topic, continue reading the article "Are Trust Funds Safe From Claims For Alimony or Child Support" by Barry A. Nelson.