Florida Statutes 736.0503 – Exceptions to spendthrift provision
Current as of: 2024 | Check for updates
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(1) As used in this section, the term “child” includes any person for whom an order or judgment for child support has been entered in this or any other state.
(2) To the extent provided in subsection (3), a spendthrift provision is unenforceable against:
(a) A beneficiary‘s child, spouse, or former spouse who has a judgment or court order against the beneficiary for support or maintenance.
Terms Used In Florida Statutes 736.0503
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) A judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust.
(c) A claim of this state or the United States to the extent a law of this state or a federal law so provides.
(3) Except as otherwise provided in this subsection and in s. 736.0504, a claimant against which a spendthrift provision may not be enforced may obtain from a court, or pursuant to the Uniform Interstate Family Support Act, 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. Notwithstanding this subsection, the remedies provided in this subsection apply to a claim by a beneficiary’s child, spouse, former spouse, or a judgment creditor described in paragraph (2)(a) or paragraph (2)(b) only as a last resort upon an initial showing that traditional methods of enforcing the claim are insufficient.