Husband’s interest in real estate held in a trust created by his father prior to marriage is a part of the divisible marital estate. The husband has a right to use the trust property and a vested right to receive a share of the legal title to the property when the trust terminates.
Income from and increased value of discretionary trust are not marital property.
Marital estate did not include any of the assets of the husband’s spendthrift trust.
Husband’s remainder interest in a revocable testamentary trust is not marital property as it is a contingent interest. The bequest can be modified or revoked at the will prior to the death of the testator.
SS 80 defines gross income as all income from whatever source derived. If husband is obligated to report trust income as is own, then, regardless of whether he receives distributions from the trust, 17% of the trust income is payable as child support.
Trial court has no authority to order past support paid into trust rather than to state to recoup AFDC benefits.
Court can set up trust in paternity action, but only for funding future support needs, if money is available now, until minority status is at an end. Trust must be jointly owned by both parents and controlled by the court. Court cannot order a “discretionary fund” which has separate components than the trust.
Undistributed income of grantor trust is available for child support.
Court can order payment to trust in paternity for higher education as long as payments are made while the child is still a minor. Court may structure a trust in any manner serving the best interests of the child.
Court erred when it imposed a trust on child support arrearages without the consent of the payee and without a finding that she was unable to wisely manage the money.