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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

previous next Effective - 01 Jan 2005, see footnotebottom

  456.5-503.  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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