{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-744.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-744.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-744.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-744.html"}],"law_id":376412,"edition_id":2,"section_id":376412,"structure_id":53529,"section_number":"64.2-744","catch_line":"Exceptions to spendthrift provision","history":"2005, c. 935, \u00a7 55-545.03; 2007, c. 216; 2012, c. 614.","full_text":"A\n\nIn this section, “child” includes any person for whom an order or judgment for child support has been entered in this or another state.\n\nB\n\nEven if a trust contains a spendthrift provision, a beneficiary’s child who has a judgment or court order against the beneficiary for support or maintenance, or a judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust, may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary.\n\nC\n\nSubject to the limitations of § 64.2-745, no spendthrift provision shall operate to the prejudice of the United States, the Commonwealth, or any county, city, or town.\n\nD\n\nA claimant against which a spendthrift provision cannot be enforced may obtain from a court an order attaching present or future distributions to or for the benefit of a beneficiary. The court may limit the award of such relief as is appropriate under the circumstances.\n\n","order_by":null,"text":{"0":{"id":1405345,"text":"In this section, “child” includes any person for whom an order or judgment for child support has been entered in this or another state.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1405346,"text":"Even if a trust contains a spendthrift provision, a beneficiary’s child who has a judgment or court order against the beneficiary for support or maintenance, or a judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust, may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1405347,"text":"Subject to the limitations of § 64.2-745, no spendthrift provision shall operate to the prejudice of the United States, the Commonwealth, or any county, city, or town.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1405348,"text":"A claimant against which a spendthrift provision cannot be enforced may obtain from a court an order attaching present or future distributions to or for the benefit of a beneficiary. The court may limit the award of such relief as is appropriate under the circumstances.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":53529,"edition_id":2,"name":"Creditor's Claims; Spendthrift and Discretionary Trusts","identifier":"5","label":"article","depth":4,"order_by":5,"parent_id":53524,"metadata":{"child_laws":10,"child_structures":0},"date_created":"2026-08-02 03:17:47","date_modified":"2026-08-02 12:37:11","permalink":{"id":1501359,"object_type":"structure","relational_id":53529,"identifier":"5","token":"64.2\/III\/7\/5","url":"\/64.2\/III\/7\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53524,"edition_id":2,"name":"Uniform Trust Code","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":53428,"metadata":{"child_laws":150,"child_structures":13},"date_created":"2026-08-02 03:17:42","date_modified":"2026-08-02 12:37:10","permalink":{"id":1501109,"object_type":"structure","relational_id":53524,"identifier":"7","token":"64.2\/III\/7","url":"\/64.2\/III\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53428,"edition_id":2,"name":"Trusts","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":53424,"metadata":{"child_laws":232,"child_structures":36},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:10","permalink":{"id":1500813,"object_type":"structure","relational_id":53428,"identifier":"III","token":"64.2\/III","url":"\/64.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376410,"structure_id":53529,"section_number":"64.2-742","catch_line":"Rights of beneficiary's creditor or assignee","url":"\/64.2-742\/","token":"64.2\/III\/7\/5\/64.2-742","metadata":false},{"id":376411,"structure_id":53529,"section_number":"64.2-743","catch_line":"Spendthrift provision","url":"\/64.2-743\/","token":"64.2\/III\/7\/5\/64.2-743","metadata":false},{"id":376412,"structure_id":53529,"section_number":"64.2-744","catch_line":"Exceptions to spendthrift provision","url":"\/64.2-744\/","token":"64.2\/III\/7\/5\/64.2-744","metadata":false},{"id":376415,"structure_id":53529,"section_number":"64.2-745","catch_line":"Certain claims for reimbursement for public assistance","url":"\/64.2-745\/","token":"64.2\/III\/7\/5\/64.2-745","metadata":false},{"id":376413,"structure_id":53529,"section_number":"64.2-745.1","catch_line":"Self-settled spendthrift trusts","url":"\/64.2-745.1\/","token":"64.2\/III\/7\/5\/64.2-745.1","metadata":false},{"id":376414,"structure_id":53529,"section_number":"64.2-745.2","catch_line":"Definitions; vacancies; right to withdraw","url":"\/64.2-745.2\/","token":"64.2\/III\/7\/5\/64.2-745.2","metadata":false},{"id":376416,"structure_id":53529,"section_number":"64.2-746","catch_line":"Discretionary trusts; effect of standard","url":"\/64.2-746\/","token":"64.2\/III\/7\/5\/64.2-746","metadata":false},{"id":376417,"structure_id":53529,"section_number":"64.2-747","catch_line":"Creditor's claim against settlor","url":"\/64.2-747\/","token":"64.2\/III\/7\/5\/64.2-747","metadata":false},{"id":376418,"structure_id":53529,"section_number":"64.2-748","catch_line":"Overdue distribution","url":"\/64.2-748\/","token":"64.2\/III\/7\/5\/64.2-748","metadata":false},{"id":376419,"structure_id":53529,"section_number":"64.2-749","catch_line":"Personal obligations of trustee","url":"\/64.2-749\/","token":"64.2\/III\/7\/5\/64.2-749","metadata":false}],"previous_section":{"id":376411,"structure_id":53529,"section_number":"64.2-743","catch_line":"Spendthrift provision","url":"\/64.2-743\/","token":"64.2\/III\/7\/5\/64.2-743","metadata":false},"next_section":{"id":376415,"structure_id":53529,"section_number":"64.2-745","catch_line":"Certain claims for reimbursement for public assistance","url":"\/64.2-745\/","token":"64.2\/III\/7\/5\/64.2-745","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-744\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapter 216<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":376415,"section_number":"64.2-745","catch_line":"Certain claims for reimbursement for public assistance","order_by":null,"url":"\/64.2-745\/"}],"permalink":{"id":1501369,"object_type":"law","relational_id":376412,"identifier":"64.2-744","token":"64.2\/III\/7\/5\/64.2-744","url":"\/64.2-744\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-744\/","token":"64.2\/III\/7\/5\/64.2-744","dublin_core":{"Title":"Exceptions to spendthrift provision","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-744","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In this section, “child<\/span>” includes any person<\/span> for whom an order<\/span> or judgment<\/span> for child<\/span> support has been entered in this or another state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Even if a trust contains a spendthrift provision<\/span>, a beneficiary<\/span>’s child<\/span> who has a judgment or court order<\/span> against the beneficiary<\/span> for support or maintenance, or a judgment creditor<\/span> who has provided services for the protection of a beneficiary<\/span>’s interest in the trust, may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subject to the limitations of § 64.2-745<\/a>, no spendthrift provision<\/span> shall operate to the prejudice of the United States<\/span>, the Commonwealth, or any county, city, or town. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A claimant against which a spendthrift provision<\/span> cannot be enforced may obtain from a court an order attaching present or future distributions to or for the benefit of a beneficiary<\/span>. The court may limit the award of such relief as is appropriate under the circumstances. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCEPTIONS TO SPENDTHRIFT PROVISION (\u00a7 64.2-744)\n\nA. In this section, “child” includes any person for whom an order or\njudgment for child support has been entered in this or another state.\n\nB. Even if a trust contains a spendthrift provision, a beneficiary’s child\nwho has a judgment or court order against the beneficiary for support or\nmaintenance, or a judgment creditor who has provided services for the protection\nof a beneficiary’s interest in the trust, may obtain from a court an order\nattaching present or future distributions to or for the benefit of the\nbeneficiary.\n\nC. Subject to the limitations of § 64.2-745, no spendthrift provision shall\noperate to the prejudice of the United States, the Commonwealth, or any county,\ncity, or town.\n\nD. A claimant against which a spendthrift provision cannot be enforced may\nobtain from a court an order attaching present or future distributions to or for\nthe benefit of a beneficiary. The court may limit the award of such relief as is\nappropriate under the circumstances.\n\nHISTORY: 2005, c. 935, \u00a7 55-545.03; 2007, c. 216; 2012, c. 614.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}