The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

View Entire Chapter

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.

F.S. 736.0503 on Google Scholar

F.S. 736.0503 on Casetext

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 from cite.case.law:

D. BERLINGER, v. CASSELBERRY,, 133 So. 3d 961 (Fla. Dist. Ct. App. 2013)

. . . Ber-linger argues that the order violates the provisions of sections 736.0503(3) and 736.050.4, Florida . . . See also §§ 736.0503, 736.0504. . . . 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. . . . Sections 736.0503 and 736.0504 codify the Florida Supreme Court’s holding in Bacardi Neither section . . .

DEXIA CREDIT LOCAL, v. G. ROGAN,, 624 F. Supp. 2d 970 (N.D. Ill. 2009)

. . . the benefit of a beneficiary, a creditor of the beneficiary, including a creditor as described in s.736.0503 . . .