Under New Jersey family law, a divorced parent seeking to modify an agreement for the support of a disabled child by establishing a special needs trust must present a specific plan and demonstrate how it 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 Llitem. J.B. v. W.B, New Jersey Supreme Court, August 15, 2013
The New Jersey Supreme Court is debating whether a wealthy divorced father's request to set up a special needs trust was an effort to secure his autistic adult son's future or an attempt to get out of paying child support. The man's lawyer asked the justices on Monday to overturn two lower courts that said the trust could not supplant his support obligations in a property settlement agreement. Bond v. Bond, New Jersey Supreme Court, March 7, 2013
In New Jersey matrimonial litigation, the imposition of a constructive trust over assets may be justified. Lucarella v. Lucarella, et al., January 10, 2012
In an important reported decision of first impression, a New Jersey appeals court deals with the complex issues of trust assest and trust income being available or unavailable for equitable distribution and support purposes. Tannen v. Tannen, N.J. Super. (App. Div. 2010); A.2d , 2010 WL 3418248; New Jersey App. Div., October 14, 2010