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Terms Used In Utah Code 75-7-503
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
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
“Child” includes any person for whom an order or judgment for child support has been entered in this or another state.
(b)
“Civil accounts receivable” means the same as that term is defined in Section 77-32b-102.
(c)
“Civil restitution of judgment” means the same as that term is defined in Section 77-32b-102.
(d)
“Restitution” means the same as that term is defined in Section 77-38b-102.
(e)
“Victim” means the same as that term is defined in Section 77-38b-102.
(2)
Even if a trust contains a spendthrift provision, the following persons may obtain an order from a court that attaches present or future distributions to the beneficiary:
(a)
a beneficiary’s child who has a judgment or court order against the beneficiary for support or maintenance;
(b)
a judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust;
the Office of State Debt Collection, created in Section 63A-3-502, for collecting payment on a civil accounts receivable or a civil judgment of restitution.
(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.
