Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
< > • Effective - 01 Jan 2005, see footnote456.5-503. Exceptions to spendthrift provision. — 1. In this section,
(1) "Child" includes any person for whom an order or judgment for child support has been entered in this or another state, and
(2) "Judgment" means a judgment which may be executed in this state.
2. Even if a trust contains a spendthrift provision, a beneficiary's child, spouse, or former spouse who has a judgment against the beneficiary for support or maintenance, or a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust, may obtain from a court an order attaching present or future trust income. If there is more than one permissible distributee, the court may grant relief as is equitable under the circumstances.
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.
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(L. 2004 H.B. 1511)
Effective 1-01-05
---- end of effective 01 Jan 2005 ----
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