Liens Against Trust Beneficiaries for Child Support

Question:     My ex-spouse is a trust fund beneficiary, but has not paid me court-ordered child support in over 2 years.  Can I attach a lien on my ex’s trust income?

Answer:    Florida law allows a trust beneficiary’s child, spouse, or former spouse with a court judgment for support or maintenance to reach the beneficiary’s interest by “attaching” a claim for the present or future trust distributions in some cases.  However, there are instances where you would not be able to reach the trust income.  For example, if the distributions to your ex-spouse are not required but are simply within the discretion of the trustee, then you may not be able to attach your claim for child support to the ex-spouse’ s trust income.  If you need legal advice regarding claims against a trust or a trust beneficiary’s income, contact Bach & Jacobs for assistance.