In re First Virginia Bank-Highlands

By JUDGE DUNCAN M. BYRD, JR.

The issue before the Court in this matter is whether or not income payable to Benjamin C. Moomaw, III, pursuant to a spendthrift trust provision is subject to alienation by Court ordered spousal support. The appropriate trust provision provides that "the income payable to my son, Benjamin C. Moomaw, III, shall not be transferable or assignable by him, and further directs that no creditor of my said son shall have the right or power to attach, garnishee, or by other means of legal process levy upon, such income payable to my said son." The applicable Code provision…