West Virginia § 44D-5-503 Exceptions to spendthrift provision

West Virginia Statutes

§ 44D-5-503 — Exceptions to spendthrift provision

West Virginia § 44D-5-503

Ch. 44DUNIFORM TRUST CODE

Art. 5CREDITOR'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS

This text of West Virginia § 44D-5-503 (Exceptions to spendthrift provision) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 44D-5-503 (2026).

Text

(a)In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.

(b)A spendthrift provision is unenforceable against:

(1)A beneficiary's child, who has a judgment or court order against the beneficiary for child support;

(2)A judgment creditor who has provided services for the protection of a beneficiary's interest in the trust; and

(3)A claim of this state or the United States to the extent a statute of this state or federal law so provides.

(c)A claimant against whom 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 circumst

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(a) In this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.

(b) A spendthrift provision is unenforceable against:

(1) A beneficiary's child, who has a judgment or court order against the beneficiary for child support;

(2) A judgment creditor who has provided services for the protection of a beneficiary's interest in the trust; and

(3) A claim of this state or the United States to the extent a statute of this state or federal law so provides.

(c) A claimant against whom 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.