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QLD Divorce - Queries on Family Trust and Child Support

Discussion in 'Family Law Forum' started by SilverFairy29, 17 December 2015.

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  1. SilverFairy29

    SilverFairy29 Member

    17 December 2015
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    I'm separated from my ex, pending divorce once the one-year mark comes around. We share two children together.

    I currently live in a different state from him, moved out of the family home as per his request, and secondly, I had no family or friends I could stay with. He agreed to this.

    He had a family trust set up for work. I can't remember what I am in the family trust. I don't have the paperwork and if I ask the accountant, he will contact my ex to ask what is going on.

    I want to be removed off the trust, but I don't know how that works. I also need to know if my ex used the trust to shave taxable income and claimed things he shouldn't have as well as didn't declare earnings as he's a tradie and gets audited. Will I be liable as well?

    Secondly, I left the family home with my own personal assets like clothes, books, DVD, personal effects of pictures, etc, the kids toys and one of the 4 cars that are all in his name (he has signed one of the cars over to me). I believe he has or will put all his assets into the family trust, so I can't take half of the assets we accumulated over our years together. Do I stand a better chance to get my share of the assets if I remain on the trust?

    I just have concerns that now he has to pay for child support. He is going to use the trust to its full potential in shaving income anywhere he can to pay minimal child support. He has some lovely, cunning friends who all do it now and had advised him how to do it in the past to pay child support for a child from a previous relationship.

    He's never done it as the mother didn't pursue child support from him. My getting child support doesn't bother me greatly. It's the things he's going to do, some of which are not legal that I'm worried I will get in trouble for too as my name is on the trust?

    I hope I made sense.

    Thanks so much for your time :)
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi SilverFairy29, in so far as illegal activity is concerned, provided you are not the one perpetrating it or knowingly going along with it, you should be in the clear.

    As regards the effect the trust will have on your division of assets, the way in which the trust has been controlled and its history of distributions will impact on the division of matrimonial assets by a court. The property contained within a family trust is generally included in the asset pool of separating spouses that the court will divide so you may be awarded of the assets contained in the trust.

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