Ohio § 5805.04

§ 5805.04.

(A) As used in this section, “ child ” includes any person for whom an order or judgment for child support has been entered

in this or any other state. (B) Except as otherwise provided in divisions (C) and (D) of this section, whether or

not a trust contains a spendthrift provision, a creditor of a beneficiary may not

compel a distribution that is subject to the trustee's discretion, even if the discretion

is expressed in the form of a standard of distribution or the trustee has abused the

discretion. (C) Division (B) of this section does not apply to this state for any claim for support

of a beneficiary in a state institution if the terms of the trust do not include a

spendthrift provision and do include a standard for distributions to or for the beneficiary

under which the trustee may make distributions for the beneficiary's support. (D) Unless the settlor has explicitly provided in the trust that the beneficiary's child

or spouse or both are excluded from benefiting from the trust, to the extent a trustee

of a trust that is not a wholly discretionary trust has not complied with a standard

of distribution or has abused a discretion, both of the following apply: (1) The court may order a distribution to satisfy a judgment or court order against the

beneficiary for support of the beneficiary's child or spouse, provided that the court

may order the distributions only if distributions can be made for the beneficiary's

support under the terms of the trust and that the court may not order any distributions

under this division to satisfy a judgment or court order against the beneficiary for

support of the beneficiary's former spouse. (2) The court shall direct the trustee to pay to the child or spouse the amount that

is equitable under the circumstances but not more than the amount the trustee would

have been required to distribute to or for the benefit of the beneficiary had the

trustee complied with the standard or not abused the discretion. (E) Even if a trust does not contain a spendthrift provision, to the extent a beneficiary's

interest in a trust is subject to the exercise of the trustee's discretion, whether

or not such discretion is subject to one or more standards of distribution, the interest

may not be ordered sold to satisfy or partially satisfy a claim of the beneficiary's

creditor or assignee. (F) If the trustee's or cotrustee's discretion to make distributions for the trustee's

or cotrustee's own benefit is limited by an ascertainable standard, a creditor may

not reach or compel distribution of the beneficial interest except to the extent the

interest would be subject to the creditor's claim if the beneficiary were not acting

as trustee or cotrustee.