In Re Rogiers

933 A.2d 971, 396 N.J. Super. 317
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 23, 2007
StatusPublished
Cited by8 cases

This text of 933 A.2d 971 (In Re Rogiers) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Rogiers, 933 A.2d 971, 396 N.J. Super. 317 (N.J. Ct. App. 2007).

Opinion

933 A.2d 971 (2007)
396 N.J. Super. 317

In the Matter of Jennifer ROGIERS, Deceased.

Superior Court of New Jersey, Appellate Division.

Argued September 18, 2007.
Decided October 23, 2007.

*972 Jeffrey M. Bloom, West New York, argued the cause for appellant/cross-respondent, Rosa Rogiers.

Mark F. Hughes, Jr., Little Silver, argued the cause for respondent/cross-appellant, Ruben Martinez.

Before Judges SKILLMAN, WINKELSTEIN and YANNOTTI.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

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.

*973 Throughout Jennifer's lifetime, she was in her mother's custody. Her mother received funds from the trust to attend to Jennifer's needs. After Jennifer died, her father, Ruben Martinez (Martinez), sought half of the balance remaining in the trust as his intestate share under New Jersey intestacy laws. Rogiers challenged his entitlement to share in Jennifer's estate, and sought reimbursement for expenses she incurred and services she provided on Jennifer's behalf during her lifetime. Rogiers also claimed she was entitled to retroactive child support, though she made no claim for child support while Jennifer was alive.

Following cross-motions for summary judgment, the trial judge rendered an oral opinion that he memorialized in an August 16, 2006 order. In paragraph one of the order, he denied Rogiers's request for retroactive child support. In paragraph seven, he granted Martinez's request to share in Jennifer's estate, and ordered that the estate be divided evenly between Martinez and Rogiers. In paragraphs two through six of the order, the judge addressed Rogiers's claims for retroactive child support and reimbursement for monies she expended for Jennifer's care. He granted Rogiers's request for reimbursement in the amounts of $178,776, $13,894, and $134,287.83 for various services and expenditures. Because he concluded that Rogiers removed Jennifer from the jurisdiction contrary to a court order, the judge denied Rogiers's request for reimbursement in connection with medical services while she and Jennifer were in Ecuador, and her request for $2000 per month for living expenses.

On appeal, Rogiers asserts that because Martinez did not contribute to Jennifer's support during her lifetime, he does not qualify as her parent under the New Jersey intestacy laws, and as a result, he is not entitled to any portion of Jennifer's estate. She also asserts that she is entitled to retroactive child support and payment for all of the expenses claimed. Martinez has filed a cross-appeal, challenging the trial court's reimbursement award to Rogiers. He further asserts that disputed factual issues precluded summary judgment as to Rogiers's reimbursement claims.

We conclude that Martinez qualifies as a parent under the intestacy laws regardless of whether he contributed to Jennifer's support during her lifetime. We also conclude that the trial court correctly denied retroactive child support. Accordingly, we affirm paragraphs one and seven of the order. As to Rogiers's claims for reimbursement, we reverse and remand for further proceedings consistent with this opinion.

I

The medical malpractice suit, filed in New York, settled on August 14, 1989. Rogiers received $150,000 for her loss of Jennifer's services, and $2,595,000 was placed in trust for Jennifer. The settlement order reads, in pertinent part:

the remaining balance of $2,595,000 . . . be paid . . . to Rosa Rogiers and Irving Trust Company, [now Bank of New York (the Bank)] co-guardians of the property of the infant Jennifer Rogiers[,] and that said funds shall be deposited for the use and benefit of the infant plaintiff Jennifer Rogiers with [the Bank]. They shall . . . pay the bills for Jennifer Rogiers care, maintenance and other needs pursuant to allowance orders to be issued by the Surrogate of New York County.

After Rogiers moved to New Jersey, the Bank was removed as trustee. The Chancery Division subsequently transferred the funds to an irrevocable Special Needs Trust, appointing Thomas M. Venino, Jr. *974 as trustee. The order provides that the intent of the Special Needs Trust is

[t]o preserve assets to the maximum extent possible in order to insure the care and support and special needs of Jennifer Rogiers during the existence of the Trust . . . and to provide Jennifer Rogiers a source from which her needs may be met to the extent that she is not adequately provided for, in the sole and absolute opinion of the Trustee. . . . Further, it is the intent of this Trust that the Trustee pay or apply the net income and/or principal of the [Trust] to such extent and in such amounts as is required, as the Trustee in the sole and absolute exercise of his reasonable discretion shall deem to be in the best interests of Jennifer Rogiers. . . .
By way of example . . . the Trustee . . . shall pay or apply so much of the net income and/or principal of [the Trust] as may be required to provide or supplement home care, housekeeping and such other services, home improvements, equipment and vehicles to assure that Jennifer Rogiers be maintained in the least restrictive environment, whether at home or in a community residence.

The order states that upon Jennifer's death,

[a]ny portion of the principal and undistributed income of [the Trust] . . . which she shall not have validly appointed by her Last Will and Testament . . . shall be paid over and distributed to the persons who would be entitled to receive the property under the laws of the State of New Jersey then in force and in the proportions prescribed by such laws as if the primary beneficiary had then died intestate and a resident of the State of New Jersey.

In a supplemental order appointing Rogiers as permanent guardian, the trial judge directed that she not remove Jennifer from Hudson County without the court's permission. Rogiers admits that in January 2003 she took Jennifer to Ecuador without the court's permission, where they remained through December 2003.

II

The trial court ruled that as Jennifer's biological father, Martinez was entitled to one-half of her estate under the intestacy laws. Though on appeal Rogiers questions Martinez's parentage of Jennifer, her attorney admitted to the Chancery judge that Martinez was Jennifer's biological father; and in a certification in support of her claim for retroactive child support, Rogiers admitted that Martinez was Jennifer's father. Also extant is an April 19, 1991 order of filiation from the New York Court that establishes Martinez as Jennifer's father. That order is entitled to full faith and credit. N.J.S.A. 9:17-41(b) (determination of paternity made by another state entitled to full faith and credit). Rogiers has not raised sufficient genuine issues of disputed fact to warrant additional discussion of her claim that Martinez is not Jennifer's biological father. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 (1995); R. 2:11-3(e)(1)(E).

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Bluebook (online)
933 A.2d 971, 396 N.J. Super. 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rogiers-njsuperctappdiv-2007.