J.B. v. W.B.

73 A.3d 405, 215 N.J. 305
CourtSupreme Court of New Jersey
DecidedAugust 20, 2013
StatusPublished
Cited by141 cases

This text of 73 A.3d 405 (J.B. v. W.B.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.B. v. W.B., 73 A.3d 405, 215 N.J. 305 (N.J. 2013).

Opinion

Judge CUFF

(temporarily assigned) delivered the opinion of the Court.

Plaintiff and defendant in this matter are divorced parents of an autistic son who has special needs. Both acknowledged that he likely would never be emancipated. At the time of their divorce, the parents negotiated a property settlement agreement (PSA) that deferred some issues about their son for a later date. Several years later when their son enrolled in an out-of-state post-secondary school, the father filed a motion to establish financial responsibility for their son’s education and to establish a special needs trust. Concluding that the PSA addressed the support issues before the trial court and that the father had not demonstrated changed circumstances to warrant a modification of his support obligation, the trial court denied the motion. The trial court also observed that the proposed trust plan lacked sufficient detail to permit an informed decision about whether such a trust would be in the best interests of the child. The Appellate Division agreed and affirmed.

This case presents our first opportunity to consider the role of a special needs trust for the benefit of an adult, unemancipated, disabled child. Although we acknowledge that any application to modify a support obligation must satisfy the threshold requirement of changed circumstances if the PSA fully addressed the issue, maturation of a child and his or her changing needs may satisfy the changed circumstances standard. Moreover, when the parties have deferred future financial arrangements to a later date, the applicant need not demonstrate changed circumstances [314]*314to permit consideration of the merits of the application. In all instances, the best interests of the child is the guiding principle.

In this ease, the parties deferred certain issues regarding future support of their disabled son, and the father submitted an application to modify the PSA and address the deferred issues. The application to establish a special needs trust, however, did not contain sufficient information to permit a Family Part judge to determine whether a trust funded by the father and used to supplement certain government benefits better met the son’s current and future needs than the arrangement adopted initially in the PSA. Accordingly, we affirm the judgment of the Appellate Division denying the father’s motion to modify his support obligation and to create a special needs trust. We also set forth non-exhaustive guidelines for consideration by the Family Part of an application to establish such trusts.

I.

Plaintiff J.B. and defendant W.B. married on October 19, 1985. Two children were born of the marriage: A.B. on March 11, 1988, and M.B. on July 30,1991. A.B. is autistic.

Plaintiff and defendant divorced on October 10, 2002. After two years of litigation, the parties entered into a comprehensive PSA, which addressed most issues relating to the divorce, including child support obligations, but deferred other issues, such as the parties’ respective financial obligations for post-secondary school education. The parties agreed to the following child support terms:

[T]he Plaintiff shall pay to the Defendant the sum of $4,166.66 per child ($50,000 per year, per child) as and for child support. The payments shall be made by the Plaintiff by way of automatic deposit into the Defendant’s bank account.

Further, plaintiff agreed that his child support obligations for M.B. would continue until M.B.’s emancipation.1 In regard to A.B., however, the parties

[315]*315reeognize[d] that [A.B.] is autistic, has special needs, and probably will never be emancipated. Both parties are committed to a course of action which preserves, promotes and protects [A.B.’s] best interest. The Plaintiff has paid and shall continue to pay for [A.B.’s] unreimbursed and uncovered medical, dental, hospital, surgical, psychiatric, psychological, special education, and other similar expenses which are reasonable and appropriate for [A.B.]

The parties agreed that both M.B. and A.B. should “attend and accomplish the highest level of schooling/education possible for that child.” The parties, however, did not make specific arrangements in the PSA for the payment of each child’s post-high school education. The parties agreed that, “[i]f the parties are unable to agree as to the payment of [post-high school] educational costs and expenses, either will have the right to apply to the [c]ourt for appropriate relief.”

Plaintiff also agreed to continue A.B.’s medical insurance and to maintain life insurance policies naming the children as beneficiaries. Plaintiff agreed to maintain a $1.5 million life insurance policy, which later increased to $2.5 million. In establishing life insurance terms, the parties also contemplated the creation of a special needs trust, agreeing that, “[ijf the plaintiff elects to establish a life insurance trust to fulfill his life insurance obligations^] ... [t]he parties shall confer and agree as to the appropriate Trust language which will insulate the proceeds for the protection of the parties’ son, [A.B.], such as by creating a ‘Special Needs trust.’ ”

On October 12, 2005, a Family Part judge entered a consent order modifying the parties’ judgment of divorce to incorporate the written PSA. From 2005 until 2009, the parties followed the terms of the PSA, and plaintiff paid his support payments directly to defendant.

In 2009, A.B., at the age of twenty-one, finished his education at a state-funded, special needs school, N.J.S.A 18A:46-6, -13, and began attending a school in Connecticut for persons with special [316]*316needs. AB.’s enrollment in the out-of-state program gave rise to the current litigation.

II.

On November 20, 2009, plaintiff filed a notice of motion in the Superior Court, Family Part, seeking to direct his child support payments for AB. into a special needs trust. Specifically, he requested the court: (1) “[e]stablish[ ] a Special Needs Trust to fund the educational and living expenses of [AB.] at [the Connecticut school]”; (2) appoint a parent coordinator to assist in establishing the trust; (3) compel defendant to cooperate in the creation of the trust; (4) split the cost of the parent coordinator equally with defendant; (5) “eliminate[] any direct child support obligation to Defendant for the benefit of [AB.], retroactive to the filing date of the application, based upon the recent enrollment of [AB.] in a full-time residential facility”; (6) determine the financial contributions of the parties towards A.B.’s educational expenses on a proportional basis; (7) modify the PSA to decrease the amount of life insurance coverage plaintiff is required to maintain and compel defendant to maintain life insurance on her life for AB.; (8) compel defendant to pay for counsel fees; and (9) provide other relief.

In his certification supporting the motion, plaintiff related that he was no longer an owner of his agency and no longer earned the same salary as he earned at the time of the divorce. He also suggested the parties should prepare for the possibility of his untimely death. Plaintiff also related that AB. now resides at a school and, therefore, child support payments should not be made directly to defendant. Plaintiff further asserted that AB. is not financially prepared for “a time when [plaintiff is] earning less income and ha[s] fewer available resources.” Finally, plaintiff asserted that AB.

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Cite This Page — Counsel Stack

Bluebook (online)
73 A.3d 405, 215 N.J. 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jb-v-wb-nj-2013.