A mother sought to garnish a discretionary trust established for the benefit of a non-paying support payor to enforce unpaid child support arrears exceeding $40,000.
The trust, known as a "Henson trust," was created by the payor's mother and placed full discretion over distributions in the hands of the payor's siblings as trustees.
The court held that the trust could not be garnished because the payor held no beneficial interest in the trust funds and the trustees owed no debt to the payor.
The court dismissed the garnishment notices, finding that discretionary trusts remain immune from garnishment for child support enforcement purposes.
