CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6212023, 2013 Fla. App. LEXIS 18908
...pt and motion for a continuing writ of garnishment over any disbursements made from the Berlinger Discretionary Trusts 1 to or for the benefit of Berlinger (the garnishment order). Ber-linger argues that the order violates the provisions of sections 736.0503(3) and 736.050.4, Florida Statutes (2011)....
...re discretionary trusts 4 and are afforded greater protection from creditors under the Florida Trust Code. We disagree. We conclude that the Florida Supreme Court’s decision in Bacardi v. White,
463 So.2d 218 (Fla.1985), is controlling. See also §§
736.0503,
736.0504....
...are not effective and imposes the writs as a last resort. In accordance with Bacardi , the trial court’s order granting Casselber-ry’s motion for continuing writs of garnishment against the Berlinger Discretionary Trusts was proper. B. Sections
736.0503 and
736.0504 In 2006, the Florida legislature enacted the Florida Trust Code. Sections
736.0503 and
736.0504 of the code are especially relevant to this case. Section
736.0503, which pertains to spendthrift provisions, provides: (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....
...future distributions to or for the benefit of the beneficiary. Thus, the spendthrift provisions included in Berlinger’s trusts are unenforceable as to Casselberry because she has an order against him for support. A former spouse’s remedies under
736.0503(3) are subject to the exceptions and provisions found in
736.0504....
...Cassel-berry is not seeking an order compelling a distribution that is subject to the trustee’s discretion or attaching the beneficiary’s interest. Instead, she obtained an order granting writs of garnishment against discretionary disbursements made by a trustee exercising its discretion. Sections
736.0503 and
736.0504 codify the Florida Supreme Court’s holding in Bacardi Neither section protects a discretionary trust from garnishment by a former spouse with a valid order of support. The order in this case complied with the Bacardi decision and sections
736.0503 and 763.0504 of the Florida Trust Code....
