Section 5805.02 | Enforceability and enforcement of spendthrift provisions.
(A) As used 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) Subject to section 5805.03 of the Revised Code, a spendthrift provision is unenforceable against either of the following:
(1) The beneficiary's child or spouse who has a judgment or court order against the beneficiary for support, but only if distributions can be made for the beneficiary's support or the beneficiary is entitled to receive mandatory distributions under the terms of the trust;
(2) A claim of this state or the United States to the extent provided by the Revised Code or federal law.
(C) A spendthrift provision is enforceable against the beneficiary's former spouse.
(D) A claimant described in division (B) of this section may obtain from the court an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to the relief that is appropriate under the circumstances, considering among any other factors determined appropriate by the court the support needs of the beneficiary, the beneficiary's spouse, and the beneficiary's dependent children or, with respect to a beneficiary who is the recipient of public benefits, the supplemental needs of the beneficiary if the trust was not intended to provide for the beneficiary's basic support.
(E) The only exceptions to the effectiveness of a spendthrift provision are those described in divisions (B) and (D) of this section, in division (B) of section 5805.05 of the Revised Code, and in sections 5805.06 and 5810.04 of the Revised Code.
Available Versions of this Section
- January 1, 2007 – House Bill 416 - 126th General Assembly [ View January 1, 2007 Version ]