Exceptions to spendthrift provision.

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  • (1) As used in this section:
    • (a) "Child" includes any person for whom an order or judgment for child support has been entered in this or another state.
    • (b) "Civil accounts receivable" means the same as that term is defined in Section 77-32b-102.
    • (c) "Civil restitution of judgment" means the same as that term is defined in Section 77-32b-102.
    • (d) "Restitution" means the same as that term is defined in Section 77-38b-102.
    • (e) "Victim" means the same as that term is defined in Section 77-38b-102.
  • (2) Even if a trust contains a spendthrift provision, the following persons may obtain an order from a court that attaches present or future distributions to the beneficiary:
    • (a) a beneficiary's child who has a judgment or court order against the beneficiary for support or maintenance;
    • (b) a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust;
    • (c) a victim who has a judgment requiring the beneficiary to pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act, or similar provision in another state; or
    • (d) the Office of State Debt Collection, created in Section 63A-3-502, for collecting payment on a civil accounts receivable or a civil judgment of restitution.
  • (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.




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