§ 456-5-503

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY Chapter 456 • Effective - 01 Jan 2005, see footnote 456.5-503. Exceptions to spendthrift provision. — 1. In this section, (1) 'Child' includes any person for whom an order or judgment for child support has been entered in this or another state, and (2) 'Judgment' means a judgment which may be executed in this state. 2. Even if a trust contains a spendthrift provision, a beneficiary's child, spouse, or former spouse who has a judgment against the beneficiary for support or maintenance, or a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust, may obtain from a court an order attaching present or future trust income. If there is more than one permissible distributee, the court may grant relief as is equitable under the circumstances. 3. A spendthrift provision is unenforceable against a claim of this state or the United States to the extent a statute of this state or federal law so provides. ­­-------- (L. 2004 H.B. 1511) Effective 1-01-05, see § 456.11-1104