Divorce Attorney Bergen County Joseph C. Noto special Needs trust

Joseph C. Noto, a divorce lawyer in Bergen County wants those parents that have a special need trust to see the latest case on this matter.  In J.B. v. W.B., Sup. Ct. (Cuff, P.J.A.D.) (16 pp.) A parent seeking to modify a negotiated agreement for the support of a disabled child through the establishment of a special needs trust must present a specific plan and demonstrate how the proposed trust will benefit the disabled child.  When a disabled child is the subject of a proposed special needs trust, it is within the trial court’s discretion to appoint a guardian ad litem in New Jersey.   In its first opportunity to consider the role of trusts for the benefit of adult, unemancipated, disabled children of divorce, the New Jersey Supreme Court said judges should not reject such arrangements out of hand if created for the children’s best interests. Though affirming two lower courts that held a proposed special-needs trust — for a 25-year-old autistic son living in a group home — lacked sufficient detail on how it would be in his best interests, the justices, in J.B. v. W.B., allowed another chance to prove it and enunciated guidelines.

Child Support, Family Law, New CasesPermalink