Court Cases « Special Needs Trusts
About Special Needs Trusts
- In the Matter of Jennifer Rogiers, Deceased (Superior Court of New Jersey, Appellate Division – decided 8/21/12)
Appeal from a judgment granting unreimbursed expenses to be paid from the funds remaining in a special needs trust established for the benefit of the parties' now deceased daughter.
Jennifer Rogiers was born on September 30, 1983, severely handicapped as a result of a cervical cord injury doctors inflicted upon her at birth. On her behalf, her mother, Rosa Rogiers (Rogiers), filed a medical malpractice claim and recovered a $2.6 million judgment that was placed in a trust for Jennifer's benefit.
On September 2, 2005, Jennifer died intestate and without children. The issues on appeal concern the disposition of the remaining trust monies, which totaled approximately $1.1 million.
- Obligation to Pay Child Support Not Eliminated for Creation of Special Needs Trust (N.J. App.) (Lien Resolution Group – 1/5/12)
The appeal addressed the issue of whether the creation of a special needs trust can justify the elimination of the obligation to pay child support to the primary residential parent of a special needs child. The appellate court concluded that while a party may utilize a special needs trust to take advantage of government programs to lessen the burden on the parent to provide support and medical assistance, the facts of the case did not support a concurrent application to eliminate child support. Bond v. Bond*, Unpub. Opinion, N.J. Super., A.D., 2011 WL 6412137 (December 22, 2011) *A copy of the full case can be obtained with the permission of the Superior Court of New Jersey, Appellate Division. (see Leagle for published case)