2-1403.Judgment debtor as beneficiary of trust.

Article II. Civil Practice · Part 14. Post-Judgment · Last amended 1999 · Last verified July 20, 2026

In one sentenceSection 2-1403 shields a trust that someone else created for the judgment debtor from being tapped to pay the debtor's judgment, except to collect unpaid child support in specific circumstances.

Full Text of 735 ILCS 5/2-1403

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No court, except as otherwise provided in this Section, shall order the satisfaction of a judgment out of any property held in trust for the judgment debtor if such trust has, in good faith, been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor.

The income or principal of a trust shall be subject to withholding for the purpose of securing collection of unpaid child support obligations owed by the beneficiary as provided in Section 4.1 of the "Non-Support of Spouse and Children Act", Section 22 of the Non-Support Punishment Act, and similar Sections of other Acts which provide for support of a child as follows:

(1) income may be withheld if the beneficiary is entitled to a specified dollar amount or percentage of the income of the trust, or is the sole income beneficiary; and

(2) principal may be withheld if the beneficiary has a right to withdraw principal, but not in excess of the amount subject to withdrawal under the instrument, or if the beneficiary is the only beneficiary to whom discretionary payments of principal may be made by the trustee.

End

Plain-English Summary

If a trust was created in good faith by someone other than the judgment debtor, or funded from someone else's money, a court generally can't order the trust used to satisfy the debtor's judgment.

The exception is unpaid child support. The trust's income can be reached if the debtor-beneficiary is entitled to a specified dollar amount or percentage of the trust's income, or is the sole income beneficiary. The trust's principal can be reached if the debtor has a right to withdraw principal (limited to whatever that right allows) or is the only beneficiary eligible for discretionary principal payments.

Frequently Asked Questions

Can a judgment creditor reach a trust that someone else set up for the debtor?

Generally no, if the trust was created in good faith by, or funded by, someone other than the judgment debtor.

Is there an exception to this trust protection?

Yes, for collecting unpaid child support obligations owed by the beneficiary.

When can a trust's income be reached for child support?

When the debtor-beneficiary is entitled to a specific dollar amount or percentage of the trust's income, or is the sole income beneficiary.

When can a trust's principal be reached for child support?

When the debtor has a right to withdraw principal, limited to the amount subject to withdrawal, or is the only beneficiary who may receive discretionary principal payments.

Does this section protect a trust the debtor created for themselves?

No, the protection applies only to a trust created or funded by someone other than the judgment debtor.

Amendment History

(Source: P.A. 91-613, eff. 10-1-99.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: spendthrift trust judgment illinoisjudgment debtor beneficiary trust illinoischild support trust withholding illinoistrust exempt from judgment illinois