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. A spendthrift provision is unenforceable against:
(1) a beneficiary's child, spouse or former spouse who has a judgment or court order against the beneficiary for support or maintenance;
(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. The order attaching present or future distributions to or for the benefit of the beneficiary shall be the exclusive remedy available to a claimant against whom a spendthrift provision cannot be enforced.
History: Laws 2003, ch. 122, § 5-503; 2007, ch. 128, § 13.
The 2007 amendment, effective July 1, 2007, in Subsection B, restated the provisions of Subsections B and C.
Law reviews. — For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
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