The Exceptions Arizona Recognizes
Spendthrift provisions are powerful, but they are not absolute. Arizona carves out limited exceptions where public policy overrides the protection a trust provides. The most significant exception involves child support obligations.
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 go to court and ask a judge to direct trust distributions toward satisfying that obligation. Similarly, an attorney or professional who provided services specifically to protect the beneficiary's interest in the trust can seek payment from trust distributions. These exceptions are narrow by design.
Special Needs Trusts Get Extra Protection
Arizona explicitly shields special needs trusts from the child support exception. If a trust qualifies as a special needs trust, the exception in subsection A does not apply. This protection ensures that trust assets set aside for a beneficiary with a disability remain available for their care and are not diverted to other claims.
The statute also addresses government claims. A spendthrift provision is unenforceable against claims by Arizona or the United States only to the extent that a specific state or federal statute says so. Without such a statute, government creditors are subject to the same restrictions as private creditors.
For the purposes of this section, "child" is defined broadly. It includes any person for whom a valid child support order or judgment has been entered in Arizona or any other state.
