Lawnboy13 Posted March 4, 2014 Posted March 4, 2014 Teen Sues Parents for Cash, College Tuition. Does She Have a Case? 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. For months, Rachel — an honor student, cheerleader, and lacrosse player — has been living with the family of her best friend and classmate, Jaime Inglesino, whose father, attorney John Inglesino, is bankrolling Rachel’s lawsuit. He’s also requesting in the lawsuit that the Cannings reimburse him for the legal fees, so far totaling $12,597, according to the paper. Rachel’s attorney, Tanya Helfand, is not taking calls as she prepares for Tuesday's hearing, her office tells Yahoo Shine. Rachel did not return a call from Yahoo Shine, and the Morris County court was closed on Monday due to inclement weather. But the Daily Record reports that, in the suit, Rachel alleges that her parents decided to cut her off “from all support both financially and emotionally” as of her 18th birthday, which was November 1. Her suit also demands the following of the Cannings: that they take care of an outstanding $5,306 Morris Catholic tuition bill; pay their daughter’s current living and transportation expenses; and free up her existing college fund, as she’s already been accepted to several universities. It’s not unheard of for youngsters to take legal action against their parents for various offenses — from a pregnant Texas teen who sued her parents for allegedly pressuring her to get an abortion, to a pair of Illinois siblings in their 20s who sued their mom (unsuccessfully) for bad mothering. Even so, the Canning case is an extremely unusual one, according to experts in family law. That’s because similar suits typically involve either a divorce situation, with parents disagreeing on a child’s financial support, or a fight for emancipation, in which a teen is declared financially independent from parents. “This young woman is actually saying, ‘I want to compel the court to continue to support me financially. That’s what’s unique in this case,” Mary Coogan, assistant director of the nonprofit Advocates for Children of New Jersey, tells Yahoo Shine. “So this young lady is in a unique situation because it does become very fact-sensitive. There’s really no law directly on point.” What families in similar situations have done, in Coogan’s experience, is to file for what’s called a “family crisis petition,” in which the court will try to mediate an agreeable outcome between the parents and their child. Talking the situation through would be a better route than a lawsuit, Kenneth Neumann, a New York divorce mediator and psychologist with the Center for Mediation & Training, tells Yahoo Shine. “We often use the legal system as a way to deal with disagreements when we should be using therapy or mediation,” he says, noting that Rachel’s case is “extremely rare,” and that he’s “not had a case like this in 30 years,” with the most unique angle being that the parents are not in disagreement. Unfortunately for Rachel, Neumann says, “I don’t think she has much of a case. This sounds like just another 18-year-old who got into a thing with her parents.”
Lawnboy13 Posted March 4, 2014 Author Posted March 4, 2014 I'll make sure "daddy's little girl" doesn't see this. :lol2: All I have to say is, this is one spoiled brat!!!!! Her friends parents should be ashamed for facilitating this fiasco. If she were to win this case it just opens "Pandora's box".
ThrillVille Cardinal51 Posted March 4, 2014 Posted March 4, 2014 If you're 18 and you voluntarily move out, how do you still still expect your parents assistance? ... This is coming from a twenty four year old who recently "borrowed" $500 to help pay for tuition. BUT I didn't move out on bad terms. So it's okay for me ;-)
InItToWinIt Posted March 4, 2014 Posted March 4, 2014 Maybe I am not seeing all the factors but I feel as if the girl is under her parent's financial responsibility, then she should follow her parent's rules. I'm sure there has to be more details.
nkuclubbaseball19 Posted March 4, 2014 Posted March 4, 2014 Whether she moved out voluntarily or not, she is 18. Since when did parents have to continue financial support into adulthood? Heck, I had to pay for my own car, car insurance, cell phone, gas, etc when I was under 18. Can I sue?
Henry521 Posted March 4, 2014 Posted March 4, 2014 Sue the daughter for abuse. I'm sure there has been abuse verbally, mentally, whatever. Throw the whole thing right back at her.
BaseballIsLife Posted March 4, 2014 Posted March 4, 2014 She isn't entitled to any support once she becomes 18 so you can kiss your college tuition goodbye if you are hoping to money for that as well as any living expenses that may be involved beyond that. As for the private high school bill that hasn't been paid, the parents aren't entitled to pay it. Thats an issue between the parents and the school and the kid can't force her parents to pay it or not. Worst case scenario, she is forced to transfer schools but I could potentially see the parents being forced to pay for the school since its already getting close to graduation time and thus transferring schools is really not an option. I could see this being an arguing point in the court that could potentially go in her favor but I can also see it falling through as well. As for the living expenses she has incurred since she "voluntarily" moved out while still in high school, I don't see how her parents are liable for her living expenses in that situation especially if she is already 18. Also even if she wasn't 18 when she initially moved out, I can't think you can make your parents pay for your living situation since you don't want to live by their rules. You voluntarily left the house and from the sounds of it her parents may have made an attempt or two for her to come home. If her friend's parents are bankrolling everything, they may have prevented it. I just don't see how you are liable for that. Best case scenario for this little "princess" is that she might get her high school tuition paid for at least in my eyes. Besides that, I don't see you getting a dime beyond that unless her parents have any of her college tuition in a mutual fund that is in her name. My parents did that for college and was transferred over to me once I was no longer a minor. As long as it isn't in her name, she isn't entitled to that money either. I'm actually curious to see what happens in this case because I think it'll give me a good laugh or two.
BaseballIsLife Posted March 4, 2014 Posted March 4, 2014 For those who may know (I never attended a private high school), do the parents have to sign any contracts? I'd assume so in which case they will definitely be liable to pay up especially since it appears transferring at this point with it being relatively close to graduation is a bit out of the question.
Voice of Reason Posted March 4, 2014 Posted March 4, 2014 She may be able to get the college money if the parents gifted it to her and put it in an account in her name. I don't see her winning anything else.
BaseballIsLife Posted March 4, 2014 Posted March 4, 2014 She may be able to get the college money if the parents gifted it to her and put it in an account in her name. I don't see her winning anything else. Yeah I made that comment a bit earlier. My parents put a mutual fund in my name and operated it until I was longer a minor. If its something similar or put in some type of account in her name, its hers unfortunately.
Hellbird Posted March 4, 2014 Posted March 4, 2014 I think I would of had a better chance at winning a lawsuit against my dad than she does. I worked from 4th grade through 12th grade, every job from paper delivery to working at my grandpa's warehouse on weekends to Mcdonalds to Drawbridge Inn etc. and every paycheck I got my dad would take half and say he was putting it away into savings for me for when I graduated. The day after I graduated I come home to find my clothes packed and sitting on the front step. He told me I was grown now and could live on my own. I asked where my money was, he said it was for room and board for the past 17 years. Welcome to the real world.
littleluck55 Posted March 4, 2014 Posted March 4, 2014 As some have mentioned, if the college money is in a UGMA then she would have a right to that. If it is in a 529, it can be transferred to another child. I can see her getting the car if they consider that a gift also. Other than that, see ya later.
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