CODE OF VIRGINIA

EXCEPTIONS TO SPENDTHRIFT PROVISION (§ 64.2-744)

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

B. Even if a trust contains a spendthrift provision, a beneficiary’s child
who has a judgment or court order 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 distributions to or for the benefit of the
beneficiary.

C. Subject to the limitations of § 64.2-745, no spendthrift provision shall
operate to the prejudice of the United States, the Commonwealth, or any county,
city, or town.

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

HISTORY: 2005, c. 935, § 55-545.03; 2007, c. 216; 2012, c. 614.