§ 75B-2-503 — Exceptions to spendthrift provision.

(1) As used in this section:
(1)(a) "Child" includes any person for whom an order or judgment for child support has been entered in this or another state.
(1)(b) "Civil accounts receivable" means the same as that term is defined in Section 77-32b-102.
(1)(c) "Civil judgment of restitution" means the same as that term is defined in Section 77-32b-102.
(1)(d) "Restitution" means the same as that term is defined in Section 77-38b-102.
(1)(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:
(2)(a) a beneficiary's child who has a judgment or court order against the beneficiary for support or maintenance;
(2)(b) a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust;
(2)(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
(2)(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.

Legislative History

Renumbered and Amended by Chapter 310, 2025 General Session