The Exceptions Arizona Recognizes
Spendthrift trusts are powerful, but they are not absolute. Arizona carves out limited exceptions where public policy overrides the protection.
The most important exception involves child support. A beneficiary cannot use the spendthrift clause to avoid paying court-ordered support.
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 relating to 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 only for these matters.
A.R.S. § 14-10503(A)This means a child owed support can ask a judge to direct trust payouts toward that debt. An attorney who provided services to protect the trust interest can also seek payment. These exceptions are narrow by design.
Special Needs Trusts Get Extra Protection
Arizona shields special needs trusts from the child support exception. As a result, trust assets set aside for a beneficiary with a disability stay available for their care.
The statute also addresses government claims. A spendthrift clause does not block claims by Arizona or the United States unless a specific state or federal law says so.
How This Affects Trust Planning
Families creating a trust should know the limits of spendthrift protection. Voluntary and involuntary transfers are generally blocked. However, child support can still reach trust income.
The definition of "child" in this section is broad. It includes any person covered by a valid child support order from Arizona or any other state.