In Re Matt

473 N.E.2d 1310 (1985)

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Nature of the Case

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Facts

This was a garnishment action to enforce a $7,000 child support judgment. Respondent was entitled to $3,600 per year as a life beneficiary of a testamentary trust established by his mother. The trust had a spendthrift provision expressly referring to claims for alimony or support of any spouse of such beneficiary. There was no reference to child support. The court concluded that the trust was not designed to protect against child support obligations. The intermediate appeals court reversed; statutes prohibit any garnishment of trust income.