2016 New Hampshire Revised Statutes
Title LVI - PROBATE COURTS AND DECEDENTS' ESTATES
Chapter 564-B - NEW HAMPSHIRE TRUST CODE
Section 564-B:5-503 - Exceptions to Spendthrift Provision.
(b) A spendthrift provision is unenforceable against:
(1) a beneficiary's child for whom there is a judgment or court order against the beneficiary for support;
(2) a beneficiary's spouse or former spouse who has a judgment or court order against the beneficiary for alimony but only for and to the extent that such judgment or court order expressly specifies the alimony amount attributable to the most basic food, shelter and medical needs of the spouse or former spouse;
(3) a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust;
(4) 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 is unenforceable may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary. Attachment of distributions is the claimant's exclusive remedy against the beneficiary's interest in the trust. The court may limit that relief as is appropriate under the circumstances.
(d) Nothing in this section or RSA 564-B:5-502 shall be construed to prevent the application of RSA 545-A, the Uniform Fraudulent Transfer Act, or a similar law of another state having jurisdiction over a transfer of property.
Source. 2004, 130:1. 2005, 270:13, eff. Sept. 20, 2005. 2015, 272:61, eff. July 27, 2015.
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