Not sure how I feel about this one...
CassandraBurgos83
Posts: 544 Member
in Chit-Chat
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 the court to compel my parents 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.”
“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 the court to compel my parents 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.”
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Replies
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She may have somewhat of a case. She's 18, but the way child support works (although this is an unusual case) is that child support gets paid either to the 18th birthday or high school graduation, whichever comes second.
So they may be on the hook for the school tuition (it would have been their decision to send her to private school) and living expenses. The college fund and stuff, though, I don't know ...
It will be interesting to see where this goes.0 -
She may have somewhat of a case. She's 18, but the way child support works (although this is an unusual case) is that child support gets paid either to the 18th birthday or high school graduation, whichever comes second.
So they may be on the hook for the school tuition (it would have been their decision to send her to private school) and living expenses. The college fund and stuff, though, I don't know ...
It will be interesting to see where this goes.
I agree...Irregardless of where she lives she is going to have to follow rules, either her parents house or a college dormitory.0 -
Ok, I don't know the background of the whole thing. But here is the deal with College. NO matter what if you are 18yo, an adult, the school takes into account what your parents make. Also the parents income or any step parent living in the home is counted for income on the FAFSA form for federal aid. The government says that even if you are 18, and don't live at home, your parents income is still taken into account for your federal aid, etc. You have to declare independence at age 16 to in order to be considered independent for federal funding at age 18.
Lets go one step further, without a FAFSA form, the school will not give you scholarships. So your parents income is taken into account for scholarships as well. The federal loan, need your parents information for that too.
While I don't agree with suing your parents, I can see why. The government says at 18 you are a legal adult, yet doesn't consider you financially independent and expects your parents to pay for college.
My daughters friend is a case in point. She lives home, her Stepmom got mad that she needed to be on the FAFSA and didn't want to give her the Social Security number. Her dad refuses to pay for college, she is going to community college and feels like she is going no where. So its not fair.0 -
this sounds like it was the idea of her no-good, bad influence boyfriend0
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Ok, I don't know the background of the whole thing. But here is the deal with College. NO matter what if you are 18yo, an adult, the school takes into account what your parents make. Also the parents income or any step parent living in the home is counted for income on the FAFSA form for federal aid.
This is true, but parents still do not have a legal obligation to pay for it.
I have a friend who couldn't go to college because his parents made too much for him to get aid, but refused to help even a little with tuition. Oh well. He was stuck. They do not have to pay. However, there are ways around that if you can establish emancipation. She's actually hurting her case with the lawsuit.0 -
I think it's the idea of her friend's lawyer father.this sounds like it was the idea of her no-good, bad influence boyfriend0 -
she is going to community college and feels like she is going no where.
I went to community college. I have a bachelor's degree and a good job. Your daughter's friend is an entitled brat.0 -
Actually, it sounds like she got what she wanted, her independence as an adult and now she does not want to pay to play.
Careful what you wish for you might get it.0 -
I feel like her friends father is taking advantage of this situation for his own (hopeful) profit. I feel like she may have been a bit on the spoiled brat side(although I can't say or tell). I also know my parents made very good money and when I moved out when I was 18 right after high school, I was on my own. My other 2 sisters and I were all 3 responsible for our own education as was my father when he went to school. I wish my parents would have helped, but they didn't and I made many poor choices, but I have a education and I worked very hard for it. I almost feel like where I did struggle it has better helped me in everything because I don't give up nor have an attitude of entitlement.0
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This is seriously so ridiculous. I can't believe this guy, the "new" best friend's father, is interfering like this. I really hope that judge finds in the parents' favor because seriously, at 18 she is an adult, and they aren't required to do anything for her. If she is still in high school, then she needs to respect her parents until she is ready to move out.0
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Her parents want her home, in their home that they paid for. They have rules their just like my parents still have set in their home. If she would move back in and they are helping her she needs to stop acting out and accept what they have in place.0
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Ok, I don't know the background of the whole thing. But here is the deal with College. NO matter what if you are 18yo, an adult, the school takes into account what your parents make. Also the parents income or any step parent living in the home is counted for income on the FAFSA form for federal aid. The government says that even if you are 18, and don't live at home, your parents income is still taken into account for your federal aid, etc. You have to declare independence at age 16 to in order to be considered independent for federal funding at age 18.
Lets go one step further, without a FAFSA form, the school will not give you scholarships. So your parents income is taken into account for scholarships as well. The federal loan, need your parents information for that too.
While I don't agree with suing your parents, I can see why. The government says at 18 you are a legal adult, yet doesn't consider you financially independent and expects your parents to pay for college.
My daughters friend is a case in point. She lives home, her Stepmom got mad that she needed to be on the FAFSA and didn't want to give her the Social Security number. Her dad refuses to pay for college, she is going to community college and feels like she is going no where. So its not fair.
Yeah, life isn't fair. Nobody paid for my parent's college and they didn't feel they should pay for mine. To get the financial independence, I joined the military. After that, I was independent for tuition and got additional money from the military for school. This child is wrong and the lawyer friend is, well, I don't want a strike right now....0 -
Smart move on the parents to cut her off now. I see too many people paying for their adult children well into their 30's. If she has to learn responsibility now maybe she will grow up and not be one of those people who continually leach off their parents.0
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I think it's the idea of her friend's lawyer father.this sounds like it was the idea of her no-good, bad influence boyfriend
honestly, i didn't make it that far in reading. i was just making a joke.
but now that i have read it all, i might as well comment.
First, I think this is completely ridiculous. That said, it must be an important distinction between her leaving home and being thrown out, because that seems to be the main point of contention. I imagine that if you could prove that she left home on her own - that my absolve the parents financially of anything past, probably, the high school tuition.0 -
Ok, I don't know the background of the whole thing. But here is the deal with College. NO matter what if you are 18yo, an adult, the school takes into account what your parents make. Also the parents income or any step parent living in the home is counted for income on the FAFSA form for federal aid.
This is true, but parents still do not have a legal obligation to pay for it.
I have a friend who couldn't go to college because his parents made too much for him to get aid, but refused to help even a little with tuition. Oh well. He was stuck. They do not have to pay. However, there are ways around that if you can establish emancipation. She's actually hurting her case with the lawsuit.
This is pretty much the reason why I didn't go to college until later in life. But even when I lived with my parents as an adult (I had my bratty moments), I still respected curfew. I don't see how expecting her to be respectful and keep a curfew should be a problem for her. And as far as, the boyfriend goes, I think this probably all stemmed from that, and got way out of hand when strangers started interferring in this family's problems.0 -
Agree community college is a great way to get your two year degree and prove to a prestigious college that you are serious about your education. Once you get your 4 year degree no one sees where you got you're 2 ear from.she is going to community college and feels like she is going no where.
I went to community college. I have a bachelor's degree and a good job. Your daughter's friend is an entitled brat.
On topic. I can see the parents being held accountable for her high-school tuition, but more than that is ridiculous and would set a dangerous president allowing children of any age to pass off debt and responsibility for their choices onto their parents.0 -
I could see how the parents might be on the hook for the private school tuition, as that was probably their idea, but living and transportation expenses, no. She had a car and a roof over her head that she chose, as an adult to leave that was being paid for.0
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Yeah i saw this on msn, the girl is getting no sympathy. She sounds like a self entitled little brat, which sadly is seeming to be the trend these days. Any judge that goes in her favor should be thrown off the bench.0
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My parents paid for all my sisters college, half my borther's and none of mine. Should I sue them for paying theirs but not mine? No, that would be stupid. Just my opinion.0
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I just read this article on Yahoo.
Spoiled rotten brat.0 -
You can do a special override on fafsa: https://fafsa.ed.gov/fotw1314/help/fahelp29a.htm
It is there for kids who are homeless (this can even mean living at a friends because they have no where to go), without family support, and are on there own.
That said...I think this girl is being manipulated by people. Especially her friends lawyer father. She is going to lose. I don't think there are any laws that compel a parent to support there child after they turn 18. I will have to look it up though. I think she is being a bit spoiled but I don't know what went on in her house to cause her to move out. 2 sides to every story and all, litigation won't be the answer for their issues.0 -
She lost the case (unless they appeal, which would be dumb).0
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I know, I looked it back up last night... That BF's lawyer daddy is going to have it coming with a nice dose of Karma.0
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Yeah i saw this on msn, the girl is getting no sympathy. She sounds like a self entitled little brat, which sadly is seeming to be the trend these days. Any judge that goes in her favor should be thrown off the bench.
AMEN TO THAT!!!!!!0 -
She lost the case (unless they appeal, which would be dumb).
She hasn't really lost the case. The judge decided not to award her the high school tuition, living expenses, and attorney fees. They are supposed to go to court next month to decide whether or not she should receive her college education fund that her parents had saved for her. He also order the whole family into counseling.
I suspect that if she isn't getting legal fees, the BF's father will be backing out of this.0 -
I'm thinking if she didn't get the HS tuition (the one thing I actually thought she should get) she won't get the college money, either.She lost the case (unless they appeal, which would be dumb).
She hasn't really lost the case. The judge decided not to award her the high school tuition, living expenses, and attorney fees. They are supposed to go to court next month to decide whether or not she should receive her college education fund that her parents had saved for her. He also order the whole family into counseling.
I suspect that if she isn't getting legal fees, the BF's father will be backing out of this.0 -
I'm thinking if she didn't get the HS tuition (the one thing I actually thought she should get) she won't get the college money, either.She lost the case (unless they appeal, which would be dumb).
She hasn't really lost the case. The judge decided not to award her the high school tuition, living expenses, and attorney fees. They are supposed to go to court next month to decide whether or not she should receive her college education fund that her parents had saved for her. He also order the whole family into counseling.
I suspect that if she isn't getting legal fees, the BF's father will be backing out of this.
Yeah, I don't think so either. I think the judge mainly dragged this out so that he could force this family to work things out.0 -
I'm thinking if she didn't get the HS tuition (the one thing I actually thought she should get) she won't get the college money, either.She lost the case (unless they appeal, which would be dumb).
She hasn't really lost the case. The judge decided not to award her the high school tuition, living expenses, and attorney fees. They are supposed to go to court next month to decide whether or not she should receive her college education fund that her parents had saved for her. He also order the whole family into counseling.
I suspect that if she isn't getting legal fees, the BF's father will be backing out of this.
Yeah, I don't think so either. I think the judge mainly dragged this out so that he could force this family to work things out.
thank goodness for justice! I'm sorry, The court system would have run amock with spoiled brat entitled teens following suit, if she had won.0
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