Fla. Stat. § 736.1509 - Commentary to Florida Trust Code

Legal Commentary on Fla. Stat. § 736.1506

Fla. Stat. § 736.1509 makes clear that a community property trust does not shield assets from child support. This is similar to the highly criticized Second District Court of Appeal holding in Berlinger v. Casselberry, in which a discretionary trust did not shield a trust settlor from spousal support obligations. 133 So. 3d 961 (Fla. 2d DCA 2014). However, unlike in Berlinger, in which the Second District Court of Appeal arguably contradicted the plain meaning of Fla. Stat. § 736.0504, Fla. Stat. § 736.1509 provides explicit statutory authority for a community property trust providing no protection against child support obligations.

Text of Fla. Stat. § 736.1509

Right of child to support.—A community property trust does not adversely affect the right of a child of the settlor spouses to support, pursuant to s. 61.30 or the applicable law of another jurisdiction, that either spouse would be required to give under the applicable laws of the settlor spouses’ state of domicile.

History of Fla. Stat. § 736.1509

Fla. Stat. § 736.1509 became law on July 1, 2021 as part of the Community Property Trust Act. It has not been amended or revised since that date.

Fla. Stat. § 736.1509 appears to be influenced by Alaska Stat. § 34.77.100(c).

This article is part of the PTM Legal Commentary to the Florida Trust Code. Click here to navigate through the entire commentary.