§ 59-13-03 — (503) Exceptions to spendthrift provision

North Dakota § 59-13-03

• Jurisdiction: North Dakota
• Title 59: Trusts, Uses, and Powers
• Ch. 59-13: Creditor's Claims - Spendthrift and Discretionary Trusts

Text

1. In this section, "child" includes any person for whom an order or judgment for child
support has been entered by a court of competent jurisdiction.
2. A spendthrift provision is unenforceable against:
a. A beneficiary's child, spouse, or former spouse 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; and
c. A claim of this state or the United States to the extent a statute of this state or
federal law so provides.
3. The exceptions contained in subsection 2 do not apply to a self-settled special needs
trust or a third-party special needs trust under chapter 59-08 nor to any trust that
meets the qualifications of 42 U.S.C. 1396p(d).
4. A claimant against which a spendthrift provision cannot be enforced may 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. If there is more than one permissible distributee, the court may grant
such relief as is equitable.