Exceptions to spendthrift provision.

Checkout our iOS App for a better way to browser and research.

Effective - 01 Jan 2005

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


Download our app to see the most-to-date content.