§ 15-5-503 — Exceptions to spendthrift provision - definitions

(1) In this
section:

(a) Child includes any person or entity who can enforce a child support
order in this or another state.

(b) Child support order means any administrative or court order requiring
the payment of child support, child support arrears, child support debt, retroactive
support, or medical support. If a child support order is combined with an order for
spousal maintenance or support, the term child support order shall not include
any portion of the order for spousal maintenance or support.

(2) A spendthrift provision is unenforceable against:

(a) A child who is an obligee pursuant to a child support order for which the
beneficiary is the obligor; and

(b) A judgment creditor who has provided essential services for the
protection of a beneficiary's interest in the trust.

(2.5) Subsection (2) of this section does not apply to a special needs trust,
supplemental needs trust, or similar trust established for a person if its application
could invalidate such a trust's exemption from consideration as a countable
resource for medicaid or supplemental security income purposes or if its
application has the effect or potential effect of rendering the person ineligible for
any program of public benefit, including, but not limited to, medicaid and
supplemental security income.

(3) The only remedy of a claimant against whom a spendthrift provision
cannot be enforced is to obtain from a court an order attaching present or future
distributions to or for the benefit of the beneficiary. The court may limit the award
to such relief as is appropriate under the circumstances.

Legislative History

Source: L. 2021: Entire part added, (SB 21-162), ch. 170, p. 940, � 1, effective September 7.