Collecting Support from Trusts and Estates.....

May 21, 2009
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When I studied for the California Certified Specialists examination 20 years ago, one of my study mates [Cheryl Tomac, since retired] created a mnemonic for a long list of possible enforcement remedies for family law orders.  I'd list it here, but it's a little bawdy.  

Of the 20 or so on the list, none referred to how you get money from a trust or estate - it's one of those little known, and rarely used, procedures.  Let's say that the person obligated to pay support draws income from a trust, or is a beneficiary of Aunt Mildred's will.  You can't just obtain a writ of execution or garnishment from the court and serve it on the trustee or executor - there are special procedures requiring petitions to the Probate Court.

If you didn't even know you could do this, or didn't know how to do it if you thought about it, you should contact a Certified Specialist in Family Law, someone who has the expertise to help you collect - perhaps someone who knows the mnemonic that lists the other 20 possible remedies.