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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The husband is no longer residing in Colorado but is required

Resolved Question:

The husband is no longer residing in Colorado but is required to pay child suppport. He is only working at odd jobs thus shows very little earned income, however he is beneficiary of a trust set up by a grandparent. He derives sufficient income from this trust so he does not have to work and is therefore not paying the required child support.
Is this income from the trust considered in determining his income? Is this income attacheable for collecting child support?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. I need to know if there was an order for automatic payment from his paycheck made as part of the decree, or was he just supposed to send in checks on his own? This is important.

Customer: replied 5 years ago.
He is just supposed to send checks on his own.
Expert:  Ely replied 5 years ago.
I understand - thanks. This makes sense now. I am going to divide your question into two parts so as to help you understands this properly.

No. Trusts cannot be 'attached' for child support or other debts, generally speaking. Only payouts which are paid out to the individuals may be attacked. However, just because he is not working does not mean he is not supposed to pay - he is to follow the child support per guideline.SO HOW TO MAKE HIM PAY?File a motion for contempt. Judges do NOT like it when individuals do not follow their orders. He does not have a good excuse for not paying, so the Judge will make him pay. The first time he'd be admonished in front of the Court, and made to pay your attorney fees. Second and subsequential times can lead to fines, imprisonment, and voiding of his US Passport and licenses.In short, you have to file a MOTION FOR CONTEMPT in the same court under the same cause number as a post-judgment motion, and have him brought before the Court to explain himself.I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

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