A man’s duty to support his family is one of the highest obligations in our social order.” Thiel v. Thiel, 41 N.J. 446 (1964). What happens, though, when the only potential means of satisfying that obligation is by garnishing a trust for the benefit of the obligor that contains spendthrift provisions, is subject to a discretionary distribution standard, or both?
This issue was recently addressed in Florida. In an opinion that began by quoting Sir Walter Scott’s memorable admonition against deception (“Oh what a tangled web we weave when we first practice to deceive”), a Florida intermediate appellate court affirmed orders for continuing writs of garnishment in favor of an ex-wife with an alimony judgment against her former spouse. Berlinger v. Casselberry, Case No. 2D12-6470 (Fla. 2D DCA Nov. 27, 2013).
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