Code of Virginia § 64.2-744. Exceptions to spendthrift provision.
178 words·~1 min read·
/va/title-64-2/chapter-7/64-2-744·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
2005, c. 935 , § 55-545.03; 2007, c. 216 ; 2012, c. 614 .