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Bill > A4728


NJ A4728

NJ A4728
Permits portion of child support payments to be held in trust for child to access upon certain circumstances.


summary

Introduced
09/12/2024
In Committee
09/12/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill permits a portion of a child support payment to be placed in irrevocable trust. Under the bill, and upon agreement of the parties to an action before the court which results in the establishment of a child support payment, the court may direct up to 10 percent of every child support payment to be placed in an irrevocable trust. The trust assets would be distributable to a beneficiary upon the beneficiary turning 18 years of age, or the age at which the trust establishes. If the parties agree to the trust, every child who is the basis for a child support payment is required to be established as a beneficiary of the trust. Finally, the bill provides the court the ability to: (1) amend the terms of the trust as it relates to the portion of child support payment to be placed in the trust from time to time as circumstances may require based on the factors considered in N.J.S.A.2A:34-23; and (2) appoint a special fiduciary to take possession of the trust property and administer the trust if the court finds that the trustee is not acting in good faith or in accordance with the purposes of the trust.

AI Summary

This bill permits a portion of a child support payment, up to 10 percent, to be placed in an irrevocable trust upon agreement of the parties to a child support action. The trust must establish the child who is the basis for the child support payment as a beneficiary, and the court can appoint a trustee to administer the trust. The court also has the authority to amend the terms of the trust and appoint a special fiduciary if the trustee is not acting in good faith. The distribution of the trust assets to the beneficiary will occur upon the age established in the trust, or when the beneficiary turns 18 years old if no age is specified.

Committee Categories

Education

Sponsors (1)

Last Action

Introduced, Referred to Assembly Children, Families and Food Security Committee (on 09/12/2024)

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