Florida Statute 736.0503 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0503

736.0503 Exceptions to spendthrift provision.—

(1) As used in this section, the term “child” includes any person for whom an order or judgment for child support has been entered in this or any other state.

(2) To the extent provided in subsection (3), a spendthrift provision is unenforceable against:

(a) A beneficiary’s child, spouse, or former spouse who has a judgment or court order against the beneficiary for support or maintenance.

(b) A judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust.

(3) Except as otherwise provided in this subsection and in s. 736.0504, a claimant against which a spendthrift provision may not be enforced may obtain from a court, or pursuant to the Uniform Interstate Family Support Act, 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. Notwithstanding this subsection, the remedies provided in this subsection apply to a claim by a beneficiary’s child, spouse, former spouse, or a judgment creditor described in paragraph (2)(a) or paragraph (2)(b) only as a last resort upon an initial showing that traditional methods of enforcing the claim are insufficient.

History.—s. 5, ch. 2006-217; s. 13, ch. 2007-153.

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Amendments to 736.0503

Arrestable Offenses / Crimes under Fla. Stat. 736.0503

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0503.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0503

Total Results: 2

CHRISTINA ANAMARIA ALEXANDER v. CLIFFORD GARLAND HARRIS

Court: District Court of Appeal of Florida | Date Filed: 2019-05-17

Snippet: valid child support order pursuant to section 736.0503, Florida Statutes (2016), and that discretionary

Berlinger v. Casselberry

Court: District Court of Appeal of Florida | Date Filed: 2013-11-27

Citation: 133 So. 3d 961, 2013 WL 6212023, 2013 Fla. App. LEXIS 18908

Snippet: the order violates the provisions of sections 736.0503(3) and 736.050.4, Florida Statutes (2011). We