WA Using Trust Funds to Assist Child Support Payments?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Jam

Member
17 July 2018
1
0
1
I have 2 children - 14 and 15. My wife and I separated about 7 years ago. My wife passed away almost 2 years ago. Her superannuation company determined to place her super funds into 2 separate trust accounts for my children and appointed me as the immediate next of kin to be the trustee of the funds.

The trust deed allows the trustee of the deed to spend money for the health, education and wellbeing of the children.

My oldest child has been quite difficult and does not want to live with me and has now gone to live with her grandparent. I am now paying child support payments to the grandparent which is reasonable.

My question is whether or not I can use some of the trust money to assist in the child support payments as I am unable to afford mortgage payments, bills and now child support payments?