§ 4-10-505 — Standards of distribution

(a) Regardless of whether a beneficiary's interest in
trust income or principal or both is subject to a spendthrift
provision, if the terms of the trust direct the trustee to make
distributions of trust income or principal or both according to
a standard, which includes distributions for the beneficiary's
maintenance or support, and the trustee has not complied with
the standard of distribution:
(i) A distribution may be ordered by the court to
satisfy a judgment or court order against the beneficiary for
support or maintenance of the beneficiary's child; and
(ii) In the order of distribution, the court shall
direct the trustee to pay to or for the benefit of the child
that portion of the trust income or principal or both as is
equitable under the circumstances, but not more than the amount
the trustee would have been required to distribute to or for the
benefit of the beneficiary had the trustee complied with the
standard of distribution.
(b) Except as provided in subsection (a) of this section,
a creditor or assignee of a beneficiary, including a creditor
bringing any claim for forced heirship or legitime, may not
compel distributions from the trust or attach distributions to
be made to a beneficiary until the distributions are received by
the beneficiary, if the terms of the trust limit the trustee's
ability to make distributions by a standard of distribution,
even when the beneficiary is also a trustee or cotrustee of the
trust.
(c) This section shall not limit the right of a
beneficiary to maintain a judicial proceeding against a trustee
for a failure to comply with a standard for distributions to the
beneficiary.
(d) Except as otherwise provided in the terms of the
trust, the trustee shall not consider the assets or resources of
a beneficiary in determining whether to make a distribution of
trust income or principal.