AboutLee Brochstein Expertise All questions related to divorce and custody. I am a life experiencologist as well as pursuing a Masters degree in Marriage and Family Therapy. I also own and run My Parenting Portal, a website devoted to help Parents become powerful in raising their children in all kinds of circumstances.
Experience Divorced twice, been in court several times, currently getting a Master's degree in Marriage and Family Therapy, have a parenting website, http://www.myparentingportal.com
Education/Credentials BA in Art History, Currently working towards Master's Degree in Marriage and Family Therapy
Question QUESTION: Hi i have a friend that has been divorce for about 10years he raised his 3 kids for over 7 1/2 years with no help of child support from his ex-wife. 2 of the kids decided to move back in with her. Bottom line throughout the whole 10 years she has had primary custody and now she taking him back to court. recently his mother passed away and left him some inheritence and according to florida law the kids are entitled to 9% How can this be why are the kids entitled to what his mother left him? so now the ex is going to get it and spend it is there anything he can do?
ANSWER: Carla: He can put the money in a trust that is for them where he is the trustee, and that way, she can't touch that money no matter what. That is the first thing about the inheritance. I don't know why Florida law is that way, but the law is the law, and that money will help put his children through college. Another thing, because she had primary custody, but did not exercise it, in other words, the kids lived with him, then he has a case for himself to get primary custody. He should counter sue for primary custody, explaining that he has been the sole custodian for the past 7.5 years. Judges like parents that take responsibility, not parents that don't. Tell him to fight back.
Lee
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QUESTION: He is trying to get primary custody his daughter is going to be 18 in september and she has one of the 2 boys that wonts to live with her because he doesnt like being grounded for not doing his homework etc and at his moms house he can get away with stuff like that. anyways his lawyer said that even if he would put it in a trust she as primary custody and would have the access not him? anyother ideas thanks carla
ANSWER: Carla: If it is in a trust that states that the money can't be touched until the children are a certain age, then the ex can't touch the money. If the trust is for them and he is the trustee, then she can't touch it. He is not obligated under any law to make her the trustee, he can make you the trustee. As for his kids, if the oldest is soon to be 18, then she will be of legal age and can decide for herself. In most states at the age of 14, a child can decide which parent they wish to live with and go to court to make that request. If his children are over 14, then he doesn't stand a chance taking her to court at this point. Sometimes, you have to let go in order for your children to come back.
Lee
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QUESTION: Hi lee
I do appreciate you helping but according to his lawyer if the 2 kids remain with her. The inheritence left for him from his mother is passed on to his kids (9% which his mother didnt leave to her grandkids and now the kids are entitled too) with her having primary custody she would be the trustee!
Answer Well, then that's new, because that isn't the way it works in Texas. In Texas, you can make anyone the trustee to money that is intended for children. After all, it is his mother and the inheritance doesn't go to her. So, that doesn't make any sense.
