Can you actually transition a trust to a credit spendthrift trust during Separation pre divorce?

[Amy574]

Jurisdiction

Massachusetts

If you know your son is going to be divorced and he will have to pay child support based on his income, can you, the parent, change his trust DURING the separation to a credit spendthrift trust in order for him to not get credited income from the trust's distributions?

Isn't this like putting money you have into a credit spendthrift trust just after you are sued for something

In NJ they quote Tannen v. Tannen But that trust existed throughout the marriage, and was not just created during the separation to screw the wife. Is there an argument to be made that it's not valid to reject income from distributions?

Also, if there was no actual discretion and the beneficiary got everything he asked for and it was just for semantics, what do you file in order to prove the trust was a fraud or it was pierced?

 

[ElleMD]

If he receives money directly, it counts as income. Spendthrift Clause - Law Offices of John W. Callinan

 

[zddoodah]

can you, the parent, change his trust

What does "his trust" mean? To me, "his trust" would be a trust created by him and of which he is the trustor/settlor, in which case the parent would have no ability to change it. If you're talking about a trust that you created and of which your child is a beneficiary, the extent to which you can change it depends on the particulars of the trust itself, and there's no way anyone can know the answer without reading the trust instrument.

to a credit spendthrift trust in order for him to not get credited income from the trust's distributions?

Even if you can change the trust "to a credit spendthrift trust," it wouldn't result in him being able not to count the income for child or spousal support purposes.

Isn't this like putting money you have into a credit spendthrift trust just after you are sued for something

Not really sure what you're getting at, but no.

In NJ they quote Tannen v. Tannen

Who are "they"?

But that trust existed throughout the marriage, and was not just created during the separation to screw the wife. Is there an argument to be made that it's not valid to reject income from distributions?

Also, if there was no actual discretion and the beneficiary got everything he asked for and it was just for semantics, what do you file in order to prove the trust was a fraud or it was pierced?

You seem to be asking generalized questions relating to a specific case. I suggest you consult with a local family law attorney.