Alimony and Child Support Excluded from Protection of Ohio Legacy Trust Act

The Ohio Legacy Trust Act, which will become effective in March of 2013, cannot be used to avoid child support or alimony payments.  The new statute (part of Ohio House Bill 479) provides creditor protection under certain circumstances for assets contributed to a legacy trust (also commonly known as a domestic asset protection trust).  But new Ohio Revised Code Section 5816.03 excludes child support and alimony payments from the protection of the statute.  This is consistent with DAPT statutes in many other states.

Certain payments and obligations to a former spouse can be limited by an antenuptial agreement that is entered into prior to the marriage.  The new Ohio Legacy Trust Act should not be considered a substitute for a pre-nuptial agreement. 

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