Legal Question in Family Law in New York

Child Support from a Trust

My ex-husband was unemployed and unable to provide

child support. His mother was a trustee of a

testamentary trust in which my ex and our children are

beneficiaries. My mother in law wrote checks drawn on

the trust payable to ''my name, FBO the children's first

names'' and the words ''Child Support'' in the memo

area of each check. This continued 1996-2000. During

which time my ex never paid any child support. Now that

I have petitioned for child support my ex has started

another petition(in front of a different judge) for me to

provide an accounting of all of the funds I received from

the trust saying that an ''implied trust'' was created by

the checks I received and that as a trustee of that

''implied'' trust I have to provide an accounting. No one

ever told me that I had to keep the funds separate from

household funds. I made sure I spent the funds on the

children, utilities for our house, etc. Never on myself.

Can you help me with this?


Asked on 6/18/03, 5:29 pm

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Child Support from a Trust

I need to view all of the relevant orders and agreements, including the trust, to give you a reliable assessment. Also, I would involve a trust and estates attorney in reviewing the matter. However, from what you describe, I believe that you are not liable for an accounting of the proceeds distributed by the trustee. The trustee is accountable for distributing funds properly within her discretion. Labeling the funds "child support" dis not mitigate your ex's obligation to support his children. Any benefits they enjoy under the trust would be separate from and in addition to their entitlement to support from him. Also, child support does not have to be accounted for or segregated from household funds - it is actually intended to enhance the household in which the children live. Please call me at 212-367-9167 to discuss this further - I do not charge a fee for the initial consultation, and I am very interested helping you in this matter.

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Answered on 6/18/03, 6:48 pm


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