This document includes House Floor Amendments incorporated into the bill on Mon, Feb 5, 2018 at 3:52 PM by lerror.1
7 LONG TITLE
8 General Description:
9 This bill modifies application of spendthrift provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
12a Ĥ→ ▸ modifies spendthrift exceptions; ←Ĥ
13 ▸ provides an exception for victim's restitution; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 75-7-503, as enacted by Laws of Utah 2004, Chapter 89
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 75-7-503 is amended to read:
25 75-7-503. Exceptions to spendthrift provision.
26 (1) [
27 (a) "Child" includes any person for whom an order or judgment for child support has
28 been entered in this or another state.
29 (b) "Restitution" means the same as that term is defined in Section 77-38a-102.
30 (c) "Victim" means the same as that term is defined in Section 77-38a-102.
31 (2) Even if a trust contains a spendthrift provision, the following may obtain from a
32 court an order attaching present or future distributions to Ĥ→ [
32a the beneficiary:
33 (a) a beneficiary's child who has a judgment or court order against the beneficiary for
34 support or maintenance[
35 (b) a judgment creditor who has provided services for the protection of a beneficiary's
36 interest in the trust[
38 (c) a victim who has a judgment requiring the beneficiary to pay restitution in
39 accordance with Title 77, Chapter 38a, Crime Victims Restitution Act, or similar provision in
40 another state.
41 (3) A spendthrift provision is unenforceable against a claim of this state or the United
42 States to the extent a statute of this state or federal law so provides.
Legislative Review Note
Office of Legislative Research and General Counsel