Fredrick P. Niemann, Esq. of Hanlon, Niemann & Wright discusses an important question many parents of disabled children face: whether child support payments should be paid directly into an irrevocable Special Needs Trust.
In this brief video, Mr. Niemann explains how paying child support into a properly structured Special Needs Trust can help protect a child’s eligibility for vital public benefits, such as Supplemental Security Income (SSI). He reviews a recent New Jersey case that examined when child support payments are considered irrevocably assigned to a trust, and why that distinction matters for benefit eligibility.
Mr. Niemann also breaks down how New Jersey law treats child support payments under divorce and property settlement agreements, and why court-incorporated agreements directing payments to a Special Needs Trust are often enforceable and cannot be changed without court approval.
This video provides clear, plain-language guidance to help parents understand how Special Needs Trust planning can serve the best interests of a disabled child while preserving access to essential public benefits.
By Fredrick P. Niemann, Esq., a NJ Special Needs Trust Attorney