55-545.03 - Exceptions to spendthrift provision. - Virginia Statutes

§ 55-545.03. Exceptions to spendthrift provision.

A. In this section, "child" includes any person for whom an order orjudgment for child support has been entered in this or another state.

B. Even if a trust contains a spendthrift provision, a beneficiary's childwho has a judgment or court order against the beneficiary for support ormaintenance, or a judgment creditor who has provided services for theprotection of a beneficiary's interest in the trust, may obtain from a courtan order attaching present or future distributions to or for the benefit ofthe beneficiary.

C. Subject to the limitations of § 55-545.03:1, no spendthrift provisionshall operate to the prejudice of the United States, the Commonwealth, or anycounty, city, or town.

D. A claimant against which a spendthrift provision cannot be enforced mayobtain from a court an order attaching present or future distributions to orfor the benefit of a beneficiary. The court may limit the award of suchrelief as is appropriate under the circumstances.

(2005, c. 935; 2007, c. 216.)