West Virginia Code 44D-5-503 – Exceptions to spendthrift provision
(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.
Terms Used In West Virginia Code 44D-5-503
- 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
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Statute: A law passed by a legislature.
(b) A spendthrift provision is unenforceable against:
(1) A beneficiary's child, who has a judgment or court order against the beneficiary for child support;
(2) A judgment creditor who has provided services for the protection of a beneficiary's interest in the trust; and
(3) A claim of this state or the United States to the extent a statute of this state or federal law so provides.
(c) A claimant against whom a spendthrift provision cannot be enforced may obtain from a court 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.