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If I am the beneficiary of a trust in a California divorce or paternity action, can the Court consider this income for the purposes of calculating child support?

This issue was addressed in a case by the name of IRMO Furie (10-30-17). In this case, the husband filed a request to modify child support based on his loss of employment and his sole income was the result of a trust. He also objected to paying for his children’s orthodontic care stating that he was unable to afford such an expense. The court denied the husband’s motion to reduce his child support and ordered him to pay the children’s orthodontic expenses. The court also gave the wife “sole authority to make decisions regarding the children’s orthodontic care.” The court found that orthodontic care is in the best interests of the child standard and held that the husband’s trust that he was the sole beneficiary of was within discretion for taking into consideration when attempting to modify child support. The court found that the husband’s circumstances had not changed and that there was no reason to alter child support.

If you are the recipient of a trust or have been requested to pay orthodontic care or other medical expenses, contact attorney Paul Eads today.

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