In short: Yes. In Alexander v. Harris, the Second DCA held that a parent owed past-due child support could garnish discretionary disbursements from the other parent’s special needs trust, despite its spendthrift clause. Section 736.0503 makes spendthrift protection unenforceable against a child’s support order, and payments to third parties count too.
The Facts
The father was catastrophically injured in a car accident as a minor. A product liability settlement funded a special needs trust for him under federal law, designed to supplement his income while preserving eligibility for public benefits. The trust had a spendthrift clause, he had no control over it, and the trustee paid third parties for his benefit rather than paying him directly.
A Pinellas County child support order was entered in 2009, and the father did not pay. By 2017 the arrearage exceeded $91,000. The mother, representing herself, asked the court to enforce the order through a continuing writ of garnishment on the trust disbursements. The trial court found the arrearage but denied relief, concluding the father lacked the ability to pay.
The Decision
The Second District reversed on May 17, 2019. Under section 736.0503, a spendthrift clause is unenforceable against a beneficiary’s child who holds a support order. Following Bacardi v. White, a court cannot force the trustee to make a disbursement, but once the trustee exercises discretion and makes one, it can be garnished. It made no difference that payments went to third parties for the father’s benefit rather than to him.
The court found garnishment appropriate as a last resort because traditional enforcement had failed and the trust was the father’s only income. It found no federal law barring garnishment of a special needs trust for child support, and held that Florida’s policy favoring support enforcement outweighs its policy favoring spendthrift trusts. The trial court was directed to enter a continuing writ of garnishment on discretionary disbursements, with room to tailor the relief.
The Law
section 736.0503 lists exceptions to spendthrift protection. Subsection (2)(a) makes a spendthrift provision unenforceable against a beneficiary’s child, spouse, or former spouse with a support judgment or order. Subsection (3) lets the court attach present or future distributions to or for the beneficiary, limited to relief appropriate under the circumstances, and only as a last resort after showing traditional enforcement methods are insufficient.
Section 736.0504 separately addresses discretionary trusts. Florida courts, following Bacardi v. White and Berlinger v. Casselberry, allow support claimants to reach discretionary distributions once made, without forcing the trustee to distribute.
Current law (2026): Section 736.0503 (2026) remains as applied: subsection (2)(a) support exception and subsection (3) last-resort requirement (last amended ch. 2007-153).
Lessons
- A spendthrift clause does not protect trust distributions from a child support order in Florida.
- A support creditor generally cannot force a trustee to distribute, but can garnish distributions the trustee chooses to make, including payments to third parties.
- Garnishing a trust is a last resort. Document that ordinary collection methods have failed.
- Trustees of special needs trusts should expect support claims and get advice before making disbursements once a writ is served.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Child Support From a Special Needs Trust in Florida | Alexander v. Harris, 2D17-3218
Go Deeper
- Do You Need a Trust in Florida? What a Living Trust Does, What It Doesn't, and Who Actually Needs One
- Who Pays the Lawyers in a Florida Trust Lawsuit? Attorney Fees, Trust Assets, and Penalty Clauses
Frequently Asked Questions
Can a special needs trust be garnished for child support in Florida?
Yes. In Alexander v. Harris, the Second DCA allowed a continuing writ of garnishment on discretionary disbursements from a parent’s special needs trust for unpaid child support. Section 736.0503 makes spendthrift clauses unenforceable against a child’s support order, and the court found no federal law barring it.
Does a spendthrift clause protect a trust from child support?
No. Under section 736.0503(2)(a), a spendthrift provision cannot be enforced against a beneficiary’s child, spouse, or former spouse who has a support order. The claimant can seek an order attaching distributions, but only as a last resort after other enforcement methods prove insufficient.
Can a court force a trustee to pay child support from a discretionary trust?
Generally no. Florida courts will not compel a trustee to make a discretionary distribution. But once the trustee decides to distribute, including paying a third party for the beneficiary, that payment can be garnished for support, as Alexander v. Harris held.
Will garnishment affect a beneficiary's public benefits?
The father argued it could, but the court found no federal law expressly barring garnishment of a special needs trust for child support and held Florida’s support policy controls. Benefit effects are fact-specific, so beneficiaries and trustees should get advice from counsel familiar with benefits rules.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
