Special Needs Trusts for Children with Divorcing Parents
This is really important. The Supreme Court, for the first time, set forth guidelines under which special needs trusts set up in lieu of a child support award would be acceptable. Child support belongs by law to the child, and normally it would have the tendency to jeopardize governmental benefits. The new decision means that disabled children can get the benefit of financial support from their parents AND support from the government. Great case.
There are certain things that the Court is going to require, such as the appointment of a guardian ad litem (court-appointed attorney) for the child, and that there be a specific plan for the money's use. These are things that will no doubt get worked out as the years pass, but for now this is a great alternative to losing public benefits if you have divorcing parents. If you have a question about the case or about a specific situation you're aware of where a special needs trust might be useful, please call and we will help you out.
The case is available here: http://www.judiciary.state.nj.us/opinions/supreme/A11111JBvWB.pdf
Archer Law Office does not handle divorce matters or other family law cases. Our team reaches out to leading professionals, such as those at Fabrikant Law, for assistance with such issues, and we recommend their services without reservation.
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