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Bergen County divorce lawyer Joseph C. Noto special need trust

Bergen County divorce lawyer Joseph c. Noto wants parents of an adult autistic child with a special needs trust to know about the recent case of the Supreme Court of NJ.  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.  The case is: 20-1-1056 J.B. v. W.B., Sup. Ct. (Cuff, P.J.A.D.) (16 pp.) holds that 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.  Joseph C. Noto says this is a  very important matter when it comes to child support for an adult autistic child and bear this case in mind when addressing child support.