The Connections Bridgewater-Somerville June-2019

PAGE 30 THE BRIDGEWATER-SOMERVILLE CONNECTION JUNE/JULY/AUGUST 2019 Divorce Lawyers Dedicated Solely to New Jersey Family Law A firm devoted solely to practicing family law, Shimalla,Wechsler, Lepp & D’Onofrio, LLP, provides exceptional services through both litigation and alternative dispute resolution.We will defend your rights and best interests at every stage of the process, and seek solutions through an intelligent and practical approach to divorce. Dependable Legal Guidance Tailored to Your Needs and Focused on Results Our lawyers provide practical guidance, advice, and recommendations to help our clients establish realistic objectives and understand the various legal options at their disposal. Our attorneys focus on: • Dissolutions of marriage, civil unions, and domestic partnerships • Child custody, parenting time, and child support • Alimony, palimony, and spousal support • Equitable distribution of assets and liabilities • Post-Judgment Matters • Domestic violence Litigation and Alternative Dispute Resolution Our attorneys understand that divorce affects every family differently.We will take the time to understand your unique circumstances and devise legal solutions tailored to suit the needs of your family. In all cases, our lawyers will explain the avenues of mediation, arbitration, and collaborative law as non-adversarial alternatives to taking a case to court.When litigation in the courts is the appropriate option, we use our extensive experience and skills to take proactive and decisive action on your behalf. Our firm takes pride in providing results-driven legal services for our clients and we remain dedicated to your best interests throughout the process. All four of our partners are trained in mediation and collaborative family law. In addition, our firm received a First Tier ranking in New Jersey Family Law by U.S. News &World Report – Best Lawyers ® for the Ninth Edition of Best Law Firms*, and three of our partners are certified by the Supreme Court of New Jersey as Certified Matrimonial Law Attorneys. We are committed to providing superior legal representation that yields favorable results in an efficient and timely manner, while helping to reduce the emotional and financial toll on the family, and focusing on your specific goals to help you build a brighter future. High-Quality Family Law Solutions Backed by 110 Years of Experience Shimalla,Wechsler, Lepp & D’Onofrio, LLP 101 Town Center, Suite 117,Warren, NJ 07059 (908) 922-4238 info@swldfamilylaw.com • www.swldfamilylaw.com Serving clients in most NJ counties including, but not limited to, Somerset, Hunterdon, Middlesex, Union & Morris counties. *Best Lawyers® inclusion is based entirely on peer-review. Information on the selection process can be found at http://bestlawfirms.usnews.com/methodology.aspx. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. BEST Heidi Ann Lepp Amy Zylman Shimalla AmyWechsler Michele E. D’Onofrio Sarah Mahony Eaton I n New Jersey, child support is usually paid either directly between parents, or via the New Jersey Family Support Payment Center ( “NJFSPC”) formerly known as “Proba- t ion.” Under a new law passed in 2017, NJFSPC can no longer collect and adminis- t er child support once a child reaches age 19, except in certain limited circumstances. One of these circumstances is when a child i s disabled, in which case NJFSPC can con- t inue collecting child support until the child i s 23. Regardless of the circumstances, however, child support payable through NJPSPC, or ordered by a court is no longer an option after the child’s 23rd birthday. What happens to child support when a dis- abled child turns 23? Parents can agree to any arrangement, including providing for s upport beyond that age. Judges, however, c annot order continuing child support. Nevertheless, although child support ends, there is still a way to obtain support from a non-custodial parent for an adult disabled child through “financial maintenance.” To qualify for financial maintenance, the child must be determined to be disabled under either a federal or state government agency, the disability must have existed prior to the child reaching age 19, and the child requires continued support. For cases in which child support was provided before the child turned 23, an application to con- vert that support to financial maintenance can be made in the Family Part of the NJ Superior Court. For children who are declared incapacitated by a court, and a guardianship has been established, the application for financial maintenance is made in the Probate Part. Unlike child support, there are no formulas to calculate financial maintenance. The law allows child support to be “converted” to financial maintenance, but that does not necessarily mean the same amount will be ordered. To determine the appropriate amount, judges require detailed informa- tion about the child’s needs and the family’s financial circumstances. Thus, when apply- ing for financial maintenance, the applica- tion should include a Family Part Case Infor- mation Statement detailing household income, assets, debts and expenses. It is important to avoid conflict with other forms of financial assistance available to disabled adults. Supplemental Security Income (SSI) and Medicaid benefits require certain financial eligibility, and the receipt of financial maintenance can result in a reduction or complete loss of these bene- fits. This impact can be minimized or avoid- ed by creating a Special Needs Trust for the child, establishing a special account under the Achieving a Better Life Experience Act (ABLE), or directing payments to third party vendors (such as school tuition or cell phone service provider), instead of to the household or the child. In contrast, Dis- abled Adult Child (DAC) benefits, which are not means-tested, are not reduced by financial maintenance. Parents are free to enter into creative agreements establishing support beyond what the law requires in order to meet the family’s individual needs. Parents who pay or receive child support for a disabled child approaching adulthood should plan ahead to best provide for the child’s future. This involves gathering information about how to secure government benefits, how to decide whether a Special Needs Trust is fea- sible, whether to seek guardianship, and whether, and to what extent, financial maintenance is appropriate. WHAT HAPPENS TO CHILD SUPPORT WHEN A DISABLED CHILD BECOMES AN ADULT? By: Amy Wecshler, Esq. & Heidi Ann Lepp, Esq. theconnectionsnj.com