Teen Sues Parents for Cash and College Tuition. Does She Have a Case?

[BlackSand]

Well ... As it has been mentioned already ... She has a case.
It is doubtful she could win the suit in court ... But highly probable the matter will be settled out of court.

It is lose-lose either way ... The daughter thinks she is being smart ... Possibly with poor guidance from the encouraging partners financing the endeavor.
If she wins the case ... It won't make her parents take her back.
If she loses the case ... She probably won't go back on her own.

Stupid mistake on the part of whoever told her that suing her parents is a good idea.

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[Pop23]

If she didn't have a case, why would any good attorney take the case?

Christ, what am I thinking????

 

[CaféAuLait]

Here is a longer article on the matter.

http://www.dailyrecord.com/article/...HS-senior-suing-parents-who-won-t-pay-college

Apparently the guy she moved in with is a lawyer. He is advising her and financing her lawsuit. Her High School states there were tension between her and her parents, where the mother called her a 'foulname' and then said she never wanted to speak to her daughter again. The parents state she was suspended from school numerous times and disregarded their rules., in fact Social workers found her 'spoiled' and the parents were not 'abusing' her as their daughter alleged before she moved from the home.

The article above states NJ law:

A child is not emancipated until they’re on their own,” Simon said. “Even if a child and the parents don’t get along, that doesn’t relieve the parents of their responsibility.” Laufer noted that under New Jersey law, a child can still be declared nonemancipated even if there is a hiatus between high school graduation and college.

OTOH her parents attorney say:

Attorney Laurie Rush-Masuret, who represents the parents, said in court papers that Rachel emancipated herself and removed herself from her parent’s “sphere of influence” by voluntarily moving out of their house “as she did not want to abide by her parents’ rules....”

I believe the parents should pay the remainder of her High School dues, since they already contracted with the school to do so and that should be the end of it, unless there is information they kicked her out.

 

[CaféAuLait]

Well ... As it has been mentioned already ... She has a case.
It is doubtful she could win the suit in court ... But highly probable the matter will be settled out of court.

It is lose-lose either way ... The daughter thinks she is being smart ... Possibly with poor guidance from the encouraging partners financing the endeavor.
If she wins the case ... It won't make her parents take her back.
If she loses the case ... She probably won't go back on her own.

Stupid mistake on the part of whoever told her that suing her parents is a good idea.

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That would be the attorney she moved in with.

 

[BlackSand]

That would be the attorney she moved in with.

Yeah ... I saw where he was looking for 12k plus payday out of it as well.

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[Gracie]

She screwed up and will rue this day. Guaranteed.

 

[william the wie]

If she didn't have a case, why would any good attorney take the case?

Christ, what am I thinking????

Sorry obviously you weren't. But snark aside:

Who will dare hire her if she wins? the money she will get may be relatively large but a quick check will show that she is litigious and therefore a questionable hire.

What will she do if Hindenberg.gov tanks the economy?

What if the China collapse which some commentators are already talking about in the past tense has spillover effects? The ECB and Fed claim this is ring-fenced but I doubt it.

She is going to fall very hard.

 

[Mad_Cabbie]

Emotions aside, the judge will probably award her ar least tuition and a few extra bucks to get her on her feet. I'm just thinking about the law, here. I do not believe that she left on her own accord. You can't just "kick someone out." You have to give them notice. I really don't know for sure what happened.

 

[Mertex]

If she's somehow able to find a way to make it on her own (and I 'spect she can), she can eventually tell her hardass parents to go eat a shit sandwich...

Her "hard-ass" parents probably spoiled the brat rotten, for her to want to repay them that way.

 

[Mertex]

Emotions aside, the judge will probably award her ar least tuition and a few extra bucks to get her on her feet. I'm just thinking about the law, here. I do not believe that she left on her own accord. You can't just "kick someone out." You have to give them notice. I really don't know for sure what happened.

She's 18....I suspect that being an adult she could very well be kicked out. As a parent, I can't see myself doing that to any of my kids, but then, if the brat is so spoiled that she can bring herself to suing her parents who provided for her for 18 years, then I think the parents should end their "spoiling" by kicking her out....let her experience life on her own...it isn't as easy as she may think.

 

[CaféAuLait]

That would be the attorney she moved in with.

Yeah ... I saw where he was looking for 12k plus payday out of it as well.

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Flippin crazy IMO!

The other crazy aspect, she just might have a case, given the case law stated in the above article. I say that because school officials state they heard her mom state she never wanted to speak to her again, the school also advised the student to contact SWS because of allegations she made against her parents AND the result of the meetings and words exchanged by her parents.

 

[bodecea]

That would be the attorney she moved in with.

Yeah ... I saw where he was looking for 12k plus payday out of it as well.

.

Flippin crazy IMO!

The other crazy aspect, she just might have a case, given the case law stated in the above article. I say that because school officials state they heard her mom state she never wanted to speak to her again, the school also advised the student to contact SWS because of allegations she made against her parents AND the result of the meetings and words exchanged by her parents.

18 year old girl with an adult lawyer? How long were they going together? Makes one go hmmmm.

 

[The Professor]

Even if the young lady were less than 18, the parents would have no liability to support her if she left home. A minor child can be compelled to live with her parents unless the child is emancipated

“Emancipation of minors is a legal mechanism by which a minor is freed from control by his or her parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child. In some cases, emancipation can be granted without due court granting when the minor is bound to make a decision for themselves in the absence of their parents (who may be already dead or who may have abandoned the minor).

“The exact laws and protocols for obtaining emancipation vary from state to state. In most states, minors must file a petition with the family court in the applicable jurisdiction, formally requesting emancipation and citing reasons it is in their best interest to be emancipated. Minors must prove financial self-sufficiency. In some states, free legal aid is available to minors seeking emancipation, through children law centers. This can be a valuable resource for minors trying to create a convincing emancipation petition. Students are able to stay with a guardian if necessary.”

Emancipation of minors - Wikipedia, the free encyclopedia

 

[BDBoop]

She's 18 and they let her live through teen angst and mood swings? Their work here is done.

 

[Againsheila]

A New Jersey teenager claiming that her mother and father tossed her out of their home and cut her off financially is suing them for immediate support, current private-school fees and future college tuition. The parents, meanwhile, say that daughter Rachel Canning, 18, moved out voluntarily after refusing to abide by their rules.

“We love our child and miss her. This is terrible. It’s killing me and my wife,” Rachel's father, Sean Canning, a town administrator and retired police officer, tells the Daily Record. “We have a child we want home. We’re not Draconian and now we’re getting hauled into court. She’s demanding that we pay her bills but she doesn’t want to live at home, and she’s saying, ‘I don’t want to live under your rules.’” The rules, he notes, include reconsidering her relationship with a boyfriend who may be a bad influence, being respectful, and abiding by her curfew. He and his wife, Elizabeth, who live in suburban Lincoln Park, about 25 miles outside of New York City, have kept their daughter’s car because they paid for it, says Canning, and he admits that they did stop paying Rachel's tuition at the private Morris Catholic High School. A hearing is scheduled to take place on Tuesday in the Morris County Superior Court.

Teen Sues Parents for Cash, College Tuition. Does She Have a Case?

I think this young woman is in the wrong, because she refused to abide by her parents' rules while living in their home. What do you guys think of this situation?

I think she's wrong too, but in this upside down crazy world, she'll probably win.

 

[Mertex]

Yeah ... I saw where he was looking for 12k plus payday out of it as well.

.

Flippin crazy IMO!

The other crazy aspect, she just might have a case, given the case law stated in the above article. I say that because school officials state they heard her mom state she never wanted to speak to her again, the school also advised the student to contact SWS because of allegations she made against her parents AND the result of the meetings and words exchanged by her parents.

18 year old girl with an adult lawyer? How long were they going together? Makes one go hmmmm.

I think the lawyer is actually the father of her boyfriend. And, I think the parents are responsible for the tuition at the Catholic School, I'm sure they must have signed an agreement as schools don't contract with teenagers....but paying her college, not sure they can force them to do that, unless the parents are really wealthy, then we may have a totally different story, things we haven't been made privy to.....and both the parents and the girl are just acting out of their spoiled-rotten attitudes based on their privileged lives.

 

[TemplarKormac]

Unless these parents are abusing her, she has no case. No legal standing whatsoever. This child's attitude is one borne out of entitlement.

 

[Gracie]

Whether she moved out or not doesn't matter, in my opinion. Don't know about the law in whatever state this is in cuz I didn't read the link.
Parents are responsible for their kids until they are age 18. If the kid wanted to be emmancipated..or however it is spelled, they have to go to court to do that. I think. She didn't. She just bailed from home.
So they need to pay her schooling up to the date of her 18th birthday, then wash their hands of her. UNLESS she started court proceeding to "divorce" her parents after she left home. Then she is shit outta luck.

 

[American4Americ]

This leech is a blood-sucking parasite who does nothing... she seriously should be doing something, and should obey her parent's rules if she wants to live under them.

 

[gallantwarrior]

If she didn't have a case, why would any good attorney take the case?

Christ, what am I thinking????

Not all attorneys are good attorneys...just greedy, ambitious, and confident the sick, twisted, so-called justice system will side with this sick, twisted, bullshit case.