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Can trust funds impact child support and custody agreements?

In high-asset divorces, trust funds can add complexity to child support and custody decisions. In Georgia, courts consider all financial resources when determining child support and custody arrangements. 

Understanding how trust funds affect these decisions is important for both parents involved in a divorce.

Trust funds and child support

Trust funds can impact child support calculations in several ways. Courts consider the income and financial resources of each parent when determining child support. If a parent has access to a trust fund that provides regular distributions, the court may include this income in calculating the child support obligation. 

Even if the trust does not provide regular income, its existence may still influence the court’s view of a parent’s financial situation and their ability to contribute to the child’s needs.

Trust funds and custody agreements

Trust funds can also play a role in custody agreements. Courts prioritize the best interests of the child when making custody decisions. A parent’s financial stability is one factor the court considers, and trust funds can contribute to that stability. A parent with significant trust assets may be in a better position to provide for the child’s education, healthcare, and overall well-being. 

However, financial resources alone do not determine custody—courts also consider each parent’s relationship with the child, their ability to provide a stable home, and other factors that affect the child’s welfare.

Full disclosure of financial resources

In high-asset divorces involving trust funds, full disclosure of financial resources is necessary. Both parents must provide accurate information about their assets, including any trust funds, to ensure a fair child support and custody determination. Failing to disclose trust assets can lead to legal consequences and affect the outcome of the custody and support arrangements.

Navigating trust funds in divorce

Trust funds can significantly impact child support and custody agreements in high-asset divorces. Full transparency about financial resources helps ensure that the child’s best interests are met during the divorce process.

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