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pnwmom

(108,980 posts)
Tue Mar 4, 2014, 04:43 AM Mar 2014

There's always another side to a story. Here's the other side of the "spoiled" NJ 18 year old,

Last edited Tue Mar 4, 2014, 02:22 PM - Edit history (2)

Rachel Canning, who got kicked out by her parents during senior year, and has gone to court for an order requiring her parents to use her college fund for her college expenses.

Also, some are not aware that in many states, parents have an obligation to support high school students past their 18th birthday, if they're still in high school. More on that below.



http://www.dailyrecord.com/article/20140302/NJNEWS/303020017/Morris-Catholic-HS-senior-suing-parents-who-won-t-pay-college?gcheck=1&nclick_check=1

Rachel Canning filed a certification with the court that contends her parents jointly decided on Oct. 29, 2013 that as of Nov. 1 — her 18th birthday — she would be cut off “from all support both financially and emotionally.” She said in her papers that Morris Catholic advised her not to return home and contacted the state Division of Child Protection and Permanency (known as DCP&P and formerly as DYFS) after Rachel alleged abuse.

“My parents have rationalized their actions by blaming me for not following their rules,” Rachel said in her court papers. “They stopped paying my high school tuition to punish the school and me and have redirected my college fund, indicating their refusal to afford me an education as a punishment.”

Morris Catholic President Michael St. Pierre said in a certification to the court that the school did call DCP&P based upon some allegations by Rachel and “some difficult meetings between Rachel and Mr. Canning.”

The court record also includes a letter from Morris Catholic English instructor and campus minister Kathleen Smith, who wrote that she was a witness to a rough encounter between Rachel and her mother in mid-October 2013 and heard Elizabeth Canning call her daughter a foul name and say she didn’t want to speak to her daughter again.

“Rachel has excellent grades and will not be removed from the school for this nonpayment; however, her parents do have a contractual obligation to pay. . . . . "

http://www.ncsl.org/research/human-services/termination-of-support-college-support.aspx

The "age of majority" is the legal age established under state law at which an individual is no longer a minor and, as a young adult, has the right and responsibility to make certain legal choices that adults make. Thus, when people use the term age of majority, they are generally referring to when a young person reaches the age where one is considered to be an adult. The majority of states use 18 as the age of majority (in cases where the youth is still in high school the age of majority may extend beyond 18). In some states, child support stops when a child is 18 or graduates from high school, in others, it stops at 21 (For more information, visit Termination of Support- Age of Majority). The majority of states use 18 as the age of majority (in cases where the youth is still in high school the age of majority may extend beyond 18). States may order support if the child is disabled (For more information, visit Termination of Support- Exception for Adult Children with Disabilities).

Some state laws give courts the power to award college support beyond the age of majority, also called post-secondary or post-minority support. College support may be in addition to child support, a part of child support, or a separate payment after regular child support ends. It can be used to pay for an education at a college, university, vocational school, or other type of post-secondary educational institution. Other states have no statutes holding parents responsible for college support; however, parents may include provisions for a college education in the child support agreement. The court may require documentation of both parents’ income and resources, as well as any income or resources the child may have. The court may also review the child’s aptitude, interests, wishes, goals and academic records. The educational level of the parents and any siblings or half-siblings the child has may be taken into account. If a regular child support order is still valid while the child is attending college, the paying parent may petition the court to modify child support based on the additional college expenses. Unless the original child support order is modified and a college support order exists, the paying parent is generally responsible for the regular child support payments and college child support.

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There's always another side to a story. Here's the other side of the "spoiled" NJ 18 year old, (Original Post) pnwmom Mar 2014 OP
I truly dislike people who use money as a weapon. Luminous Animal Mar 2014 #1
And parents who try to control their children with money pnwmom Mar 2014 #2
I don't see this as parents attempting to control their child with their money ... 1StrongBlackMan Mar 2014 #148
Yeah, but I bet anything your baby girl pnwmom Mar 2014 #149
I hadn't been following this story closely ... 1StrongBlackMan Mar 2014 #155
The school supposedly witnessed an interaction between the father and the daughter, pnwmom Mar 2014 #156
Okay ... 1StrongBlackMan Mar 2014 #162
Day I turned 18 I was told it's yoyo time. hobbit709 Mar 2014 #3
Nice. Well, I hope they don't expect you to care about them when they get old. n/t pnwmom Mar 2014 #4
You seem so invested in this that you will make very hateful comments. NCTraveler Mar 2014 #18
The statement that he was kicked out on his 18th birthday is not "zero information." yellowcanine Mar 2014 #21
Actually, it is pretty much zero information. NCTraveler Mar 2014 #23
I agree with the others. Not zero information kcr Mar 2014 #76
So you see enough information to lay judgement at the parents here. NCTraveler Mar 2014 #116
Not necessarily kcr Mar 2014 #119
So after that, you are pretty much agreing with me. NCTraveler Mar 2014 #120
Not agreeing with you kcr Mar 2014 #121
OK. Now you have completely left my original point in order to disagree. NCTraveler Mar 2014 #123
No kcr Mar 2014 #126
Not zero information. The parents have reneged on the enrollment contract pnwmom Mar 2014 #127
That does not make them dead beats. That does not make them evil. NCTraveler Mar 2014 #129
Some people consider abandoning your children a deadbeat thing to do Downtown Hound Mar 2014 #134
You are mixing up two situations. In the post you reacted to, I was responding to a DUer pnwmom Mar 2014 #125
Definitely not zero information Downtown Hound Mar 2014 #111
Please show the information given... NCTraveler Mar 2014 #117
Well, I believe I've already done that Downtown Hound Mar 2014 #133
I don't think that many 18 year olds are kicked out while still seniors in high school. pnwmom Mar 2014 #124
I was kicked out at age eighteen by an alcoholic Mom in a my way or the highway moment. Nika Mar 2014 #141
I certainly understand why you didn't. If parents don't treat their children in a loving way, pnwmom Mar 2014 #143
Poverty is another compelling reason Gormy Cuss Mar 2014 #32
Of course functional families do not kick the kids out - they ask them to get a job and charge them yellowcanine Mar 2014 #38
That doesn't work if the family is receiving aid. Gormy Cuss Mar 2014 #47
Functional families absolutely push kids out... Lost_Count Mar 2014 #52
I do see a difference - functional families work these things out. yellowcanine Mar 2014 #94
Solutions are the best... Lost_Count Mar 2014 #95
Sometimes it's the parents. haele Mar 2014 #98
She is totally invested in it, and I wish I knew the reason behind that. Sarah Ibarruri Mar 2014 #27
The poster should give us more treestar Mar 2014 #42
that sux. no 18 is ready to b totally independent in the modern age Liberal_in_LA Mar 2014 #165
This version seems to match with the previous version. ManiacJoe Mar 2014 #5
I didn't see all the information about the teacher and the school in the other story. n/t pnwmom Mar 2014 #8
It is the same as the previous one. nt Sarah Ibarruri Mar 2014 #28
This version does not provide any more information Jenoch Mar 2014 #6
Yes, it does provide additional information. But you're right that it doesn't pnwmom Mar 2014 #7
But if it is NOT set up like that, and is just a savings account, I have a question. DebJ Mar 2014 #9
These parents have already put money away in the account, and they're not saying they pnwmom Mar 2014 #10
This was my first thought. Ilsa Mar 2014 #59
I never heard of a private school that didn't require parents to sign enrollment contracts pnwmom Mar 2014 #61
You are right exboyfil Mar 2014 #88
They aren't. Not to adults, and she's 18. Sarah Ibarruri Mar 2014 #29
Legally no they are not treestar Mar 2014 #43
I hope it's in an educational Dorian Gray Mar 2014 #13
The story does not sau anything about what Jenoch Mar 2014 #17
Her dad already stated she would get the saved college money snooper2 Mar 2014 #26
Well, he hasn't released it yet, so who knows. nt pnwmom Mar 2014 #64
Why would they release the college money now? tammywammy Mar 2014 #71
They could be using it to pay for the high school right now, which they owe anyway pnwmom Mar 2014 #74
You're assuming they signed a contract. tammywammy Mar 2014 #80
EVERY private school requires enrollment contracts. They must because they, in turn, pnwmom Mar 2014 #87
NOBODY puts college funds in a UGTMA account joeglow3 Mar 2014 #34
Terrific response Orrex Mar 2014 #40
We had three UGM accounts, started before 529 plans came into existence. pnwmom Mar 2014 #68
Fair enough. They may have two years worth. joeglow3 Mar 2014 #81
It worked out for us. But we weren't abusing our children and trying to control them with money. n/t pnwmom Mar 2014 #86
It would be poor planning. joeglow3 Mar 2014 #96
I think it interesting that you aren't even willing to consider the possibility that pnwmom Mar 2014 #97
Then file criminal charges joeglow3 Mar 2014 #102
You aren't the judge and neither am I. It will be interesting to see what the final decision is. n/t pnwmom Mar 2014 #103
CPS did not close the case because she's 18, smokey775 Mar 2014 #183
And people never do things that don't make sense jberryhill Mar 2014 #104
In this case, no joeglow3 Mar 2014 #138
They probably got some tax break on it treestar Mar 2014 #44
You have three options joeglow3 Mar 2014 #82
If the funds began in a UGM account, they couldn't transfer them to pnwmom Mar 2014 #140
They couldn't have been in a UGTMA if a tax break was given joeglow3 Mar 2014 #152
The tax break for a UGM involved the income earned on the money, pnwmom Mar 2014 #154
Um, income taxes aren't paid on a 529 (income or otherwise) unless the funds aren't used for college joeglow3 Mar 2014 #159
I didn't say there were tax benefits to a 529 being in a UGM. pnwmom Mar 2014 #160
You need to go back and re-read the thread joeglow3 Mar 2014 #163
That's funny. WE did. 529 plans haven't been available forever. Parents who started gifting pnwmom Mar 2014 #67
If the funds do not legally belong to the daughter, Mugu Mar 2014 #63
same here Enrique Mar 2014 #16
This is being used by right wingers treestar Mar 2014 #45
i.e. thanks Obama! Enrique Mar 2014 #46
This link sucks. PeteSelman Mar 2014 #11
There is always another side Dorian Gray Mar 2014 #12
it's my house. if you don't like it, gtfo. n/t PowerToThePeople Mar 2014 #14
I had to do that when I was 19. antigone382 Mar 2014 #158
I was 18 and smoking reefer. PowerToThePeople Mar 2014 #164
You are one strong woman Dorian Gray Mar 2014 #182
Why can't she transfer to a public high school? marshall Mar 2014 #15
Yeah!!! blueamy66 Mar 2014 #20
Given your absolutely repugnant stance on child support, I am NOT surprised to see this from you. nt msanthrope Mar 2014 #33
thank you very much blueamy66 Mar 2014 #37
You posted a flamebait thread about child support on Mother's Day. msanthrope Mar 2014 #53
Last year? blueamy66 Mar 2014 #57
Looks kinda like flamebait to me... TroglodyteScholar Mar 2014 #66
Aren't we getting a bit off topic here? blueamy66 Mar 2014 #90
I just replied to a post that was already here. I didn't change any topic. TroglodyteScholar Mar 2014 #166
decided not to bite... blueamy66 Mar 2014 #167
Yup. TroglodyteScholar Mar 2014 #170
um, yeah....that's it blueamy66 Mar 2014 #173
...and it's factually wrong in many states... Chan790 Mar 2014 #118
would you say that if she were an immigrant? CreekDog Mar 2014 #108
what? blueamy66 Mar 2014 #112
Post removed Post removed Mar 2014 #146
No comprendo. blueamy66 Mar 2014 #157
The parents already said they would give her the saved college money snooper2 Mar 2014 #25
Are you so sure the parents would have done that if the lawyer hadn't gotten involved? pnwmom Mar 2014 #70
Well, they said they loved her and just wanted her to follow some simple rules snooper2 Mar 2014 #73
AND the father said she had been claiming, falsely, to have been physically and emotionally abused. pnwmom Mar 2014 #75
I'm all over the map today, but now it is lunch time snooper2 Mar 2014 #84
In the middle of her senior year? As for.her college fund, it depends how msanthrope Mar 2014 #30
1) She's months from graduating HS. Transferring now would be stupid Gormy Cuss Mar 2014 #35
The parents signed an enrollment contract with the school last spring that obligated them pnwmom Mar 2014 #69
Lots of details are available illustrating the attitude of this 'poor kid' Ineeda Mar 2014 #181
Would the tuition cost go away if she transferred mid semester? quakerboy Mar 2014 #100
Slightly OT, but federal financial aid wouldn't be an issue in this situation. Xithras Mar 2014 #105
If the school has a contract with the parents shouldn't the school be suing them? NCTraveler Mar 2014 #19
Dads a retired cop...just saying.... Drew Richards Mar 2014 #22
Based on this story, sounds like the mom is a piece of work ProudToBeBlueInRhody Mar 2014 #48
agree Drew Richards Mar 2014 #54
a police chief actually and that's worse. He's used to giving orders and having them followed TeamPooka Mar 2014 #85
she certainly doesn't look like a spoiled 18 year old snooper2 Mar 2014 #24
Yeah. A white rich girl is NEVER spoiled. joeglow3 Mar 2014 #36
I sometimes feel heartless when situations like this are posted here on DU. Vinnie From Indy Mar 2014 #31
Yep: #firstworldproblems Lizzie Poppet Mar 2014 #56
I understand to an extent, but this girl *is* looking at potentially not having a roof over her head antigone382 Mar 2014 #180
However the case is decided, and whatever its merits... Orsino Mar 2014 #39
Not where Im from lol... 1awake Mar 2014 #62
This is now a worldwide story. Mugu Mar 2014 #65
Yeah. The simple narrative that paints a portrait of a spoiled child... Orsino Mar 2014 #93
What if the case has merits? Wouldn't the parents deserve that? pnwmom Mar 2014 #78
Whatever its merits. Orsino Mar 2014 #91
Maybe she can sell her pony. Orrex Mar 2014 #41
This. ^^^ blueamy66 Mar 2014 #58
Maybe they owe the school, they owe her nothing! nt Logical Mar 2014 #49
Why are you so interested defending the daughter? demwing Mar 2014 #50
I have said repeatedly that we don't know the whole story, so I'm presenting her side. pnwmom Mar 2014 #72
I remember reading a story in France Beringia Mar 2014 #51
LOL, wow she's got such a hard life cbdo2007 Mar 2014 #55
I think a lot of us Kelvin Mace Mar 2014 #153
right....attractive rich girl, sues rich parents.....it's a wet dream for the tabloids.... cbdo2007 Mar 2014 #161
Even if she wins this lawsuit, she is going to lose in the long run. Mugu Mar 2014 #60
Don't you think that will depend on what the judge ultimately decides? pnwmom Mar 2014 #83
So the parents did not kick her out, the school told her not to go home. hmmm TeamPooka Mar 2014 #77
The parents stopped paying the tuition BECAUSE the school took the daughters side. pnwmom Mar 2014 #79
I hope a solution is found for this young woman get the red out Mar 2014 #89
((Hugs)). Lunacee_2013 Mar 2014 #106
Sorry for you too get the red out Mar 2014 #135
This brings up an interesting question: Lunacee_2013 Mar 2014 #92
Your post dances around the most important question without answering it. Xithras Mar 2014 #99
NJ law leaves it ambiguous. That's why the judge will have to decide. pnwmom Mar 2014 #101
Newburgh v. Newburgh, 88 N.J. 529, 443 A.2d 1031 (1982) jberryhill Mar 2014 #107
Doesn't apply. Xithras Mar 2014 #113
Problem with using child support statutes to support this idea: WolverineDG Mar 2014 #109
It could be that what she most needs is a clear determination pnwmom Mar 2014 #110
She would qualify for a dependency override under the abandonment clause anyway. Xithras Mar 2014 #114
Right. If she wants to go to college next year, she'll need this soon. When you say pnwmom Mar 2014 #122
Abandonment doesn't necessarily mean "no contact" Xithras Mar 2014 #131
Thank you. That is helpful information. pnwmom Mar 2014 #136
Just be aware that financial aid administrators can be obstinate. Xithras Mar 2014 #150
Thanks even more! pnwmom Mar 2014 #151
Uh she's 18. She's emancipated WolverineDG Mar 2014 #144
The law seems ambiguous in NJ. And if the college funds were in an account in her name pnwmom Mar 2014 #145
It is not ambiguous WolverineDG Mar 2014 #168
I'm talking about the second law, not the first. pnwmom Mar 2014 #171
You have not yet read the website for the NJ 529 college tuition savings plan. It's an asset. Sarah Ibarruri Mar 2014 #169
But if they started out with a UGM account and then took those funds pnwmom Mar 2014 #172
Your situation might be considerably different, different state. Here's the withdrawal form for NJ Sarah Ibarruri Mar 2014 #176
The whole thing seems defacto7 Mar 2014 #115
I don't know how the legalities will play out... TDale313 Mar 2014 #128
And it's so short-sighted. What did they think was going to happen as soon as she got to college? pnwmom Mar 2014 #132
Happy Birthday. Get out. magical thyme Mar 2014 #130
Your experience obviously left you with compassion for others. pnwmom Mar 2014 #142
Cynical Possibility wercal Mar 2014 #137
Nah, she still sounds like a spoiled, Le Taz Hot Mar 2014 #139
So you can rule out the possibility that she was being truthful about physical abuse? pnwmom Mar 2014 #147
After a recent discussion we had on another issue kcr Mar 2014 #174
#1 I don't remember you or the discussion, Le Taz Hot Mar 2014 #175
I don't know enough about Rachel Canning to form an educated opinion. NaturalHigh Mar 2014 #177
The mother is degenerate trash. The father is a filthy perv. msanthrope Mar 2014 #178
LOL Sheldon Cooper Mar 2014 #179
She's outta luck, it would seem. At least for now.... MADem Mar 2014 #184

pnwmom

(108,980 posts)
2. And parents who try to control their children with money
Tue Mar 4, 2014, 05:05 AM
Mar 2014

will never really know if their children love them . . . or their money. I guess that's fine with them.

 

1StrongBlackMan

(31,849 posts)
148. I don't see this as parents attempting to control their child with their money ...
Tue Mar 4, 2014, 05:01 PM
Mar 2014

but rather, parents refusing to enable a spoiled child.

For a brief moment, at the age of 16, BabyGirl 1SBM fell under the spell of a slightly of a classmate who fed her with thoughts of "you have rights", "you don't have to let your parents control your life" and "you're grown ... You can make your own discussions."

The immediate effect was BabyGirl 1SBM began talking back, refused to do her assigned chores, refused to honor her curfew AND demanded that Mrs. 1SBM and I fund her nightly adventures.

My response was to let her know, in no uncertain terms, that if she wanted to be grown, as demonstrated by her conduct, she could go be grown and do what grown folks do ... get a job, find someplace else to live and suffer by/in her own choices and decisions; but she would have to find someplace else to do it and on someone else's dime.

pnwmom

(108,980 posts)
149. Yeah, but I bet anything your baby girl
Tue Mar 4, 2014, 05:07 PM
Mar 2014

wasn't going to her school and accusing you of physical abuse.

We don't know most of the facts in this case. Maybe this girl was like your daughter, and just going through an entitled phase . . . or maybe she has abusive parents, as her school and the parents of her friends seem to think.

All we have to go on are some conflicting claims in some news articles.

But I think it's telling that after this school fulfilled its legal obligation to report allegations of child abuse, the parents struck back at the school by reneging on the enrollment contract and attempting to disrupt this girl's senior year.

 

1StrongBlackMan

(31,849 posts)
155. I hadn't been following this story closely ...
Tue Mar 4, 2014, 05:49 PM
Mar 2014

was the schools reporting before or after the young woman left the home. And what the specific allegations of abuse entailed. Timing and details are important.

For example, during this period I got a visit from the local child protective services because the school reported physical abuse. The story behind the abuse: I grabbed BabyGirl 1SBM by the arm and pulled her out of my car after I told her that she couldn't go to a party; but she took the keys and was going to go anyway. She suffered a bruise on her wrist and a skinned knee.

pnwmom

(108,980 posts)
156. The school supposedly witnessed an interaction between the father and the daughter,
Tue Mar 4, 2014, 05:57 PM
Mar 2014

and another between the mother and the daughter, and reported the girl's allegation of physical and emotional abuse to CPS. Also, they advised her to move out, according to the reports.

There aren't any details about the abuse except that the mother was yelling at the daughter using foul language (which is ironic because the parents accused the girl of being disrespectful.) So there's no way for any of us to know.

Maybe this is all overblown and maybe it isn't. But if it isn't, it wouldn't be the first case of a cop bringing thuggish behavior home.

Anyway, to answer your question, I think the school advised her to leave and reported her allegations at approximately the same time. And after that, the parents withheld further tuition payments.

 

NCTraveler

(30,481 posts)
18. You seem so invested in this that you will make very hateful comments.
Tue Mar 4, 2014, 10:16 AM
Mar 2014

Without knowing this posters childhood, why wouldn't they expect some help when they get old? Do you know how they treated the poster for the first 18 years of their life? It is kind of sad that you place such little value on that. You keep making grand assumptions with ZERO information.

yellowcanine

(35,699 posts)
21. The statement that he was kicked out on his 18th birthday is not "zero information."
Tue Mar 4, 2014, 11:10 AM
Mar 2014

That said, you are correct that there are a lot of unknowns here. Unfortunately this is exactly what happens to many children in foster care and it is a tragedy, and it is also a tragedy if a family does this to a biological or adopted child. The question of whether or not there is any obligation for a child in that situation to care for the parents in their old age seems almost beside the point. One thing is clear to me though, as a parent I cannot fathom a situation where you would throw out an 18 year old without some really compelling reason - such as violent behavior toward other family members, repeated substance abuse, etc. The reasons cited by the dad - being disrespectful, breaking curfew, bad choice in boyfriend, etc. don't appear to rise to that level but of course we don't know all of the facts. Hopefully the courts will be able to sort it out.

 

NCTraveler

(30,481 posts)
23. Actually, it is pretty much zero information.
Tue Mar 4, 2014, 11:46 AM
Mar 2014

How many children leave their parents house at the age of 18 every year in this country? That is not really significant information with respect to drawing the conclusion of "deadbeat parents" as the post I am responding to suggests.

I do agree with just about everything you posted. It is very insightful that you bring foster children into the mix. Very thought provoking. It would be great if foster children had an account set up for them an funds were put into it each year of foster care(yes, I am pulling this out of my ass).

"The question of whether or not there is any obligation for a child in that situation to care for the parents in their old age seems almost beside the point."

That was the point of my reply. Attempting to link the two is truly a straw man argument. It seems that particular poster will continue to go after others for making judgments all while making extremely harsh judgments herself. They attempted to link two things that are completely imaginary.

Once again, I like how you brought foster care into it. That should be a discussion of its own.

kcr

(15,317 posts)
76. I agree with the others. Not zero information
Tue Mar 4, 2014, 02:02 PM
Mar 2014

I think you underestimate how often it happens. It's especially common in households with rigid, authoritarian parents, and they'll also be much more likely to hold to the ignorant, outdated notion that 18 is an adult and that's that, bootstraps and all, with no care and consideration. Just because the law is on the side of parents like that doesn't make them morally right. They often rely on the fact that some other softy bleeding heart will probably take care of their kid, probably the parent of a friend, and don't care that it is imposing on them. They're self centered my way or the highway types that basically don't give a crap about anyone else but themselves.

 

NCTraveler

(30,481 posts)
116. So you see enough information to lay judgement at the parents here.
Tue Mar 4, 2014, 03:49 PM
Mar 2014

To the point of calling them dead beats and wishing the child ditches them when they get older. That is what this poster is doing. Since you believe there is enough information in this case for the poster to make those claims, please provide it. Not sure how I underestimate how often it happens when my point was that it happens a lot.

kcr

(15,317 posts)
119. Not necessarily
Tue Mar 4, 2014, 04:03 PM
Mar 2014

Just stating the fact that parents made a decision to kick a kid out isn't zero information. I wouldn't go as far as the poster did. But I certainly wouldn't be gearing up for parent of the year award either.

 

NCTraveler

(30,481 posts)
120. So after that, you are pretty much agreing with me.
Tue Mar 4, 2014, 04:11 PM
Mar 2014

There is not enough information to go on. There is zero information available that would lead to the parents being called dead beats. There is zero information that would lead an educated person to hope the child ditches her parents in their old age.

"Just stating the fact that parents made a decision to kick a kid out isn't zero information" With respect to the ops claims, it is zero information. The information they are attempting to use is not linkable to their claims. Just because information is offered does not mean that it is relevant.

kcr

(15,317 posts)
121. Not agreeing with you
Tue Mar 4, 2014, 04:15 PM
Mar 2014

For one thing, I don't think parents are entitled to anything from their kids. And certainly not if the kids are kicked out of their home. So, not zero information. I think any kid who gets kicked out of their home, for any reason? Is entirely reasonable and forgiven if they give a hearty f you to their parents from that point on. And I kind of feel that way too Grantetd, sometimes things are extreme, and parents feel they were driven to that decision. But at that point? I don't htink they expect anything from that child, do they? I wouldn't think so.

 

NCTraveler

(30,481 posts)
123. OK. Now you have completely left my original point in order to disagree.
Tue Mar 4, 2014, 04:18 PM
Mar 2014

Your post here has gone in a completely different direction from your original argument. I have no comment on this post as it veers from the original reply.

kcr

(15,317 posts)
126. No
Tue Mar 4, 2014, 04:27 PM
Mar 2014

I don't see how that's so. It isn't reasonable and responsible for a parent to kick out an 18 year old. So I'm not seeing how it's "zero information" Your objection to anyone withdrawing support from a parent who has done so, or thinking a child should or would be jistified in doing so, because the fact they kicked them out is "zero information" is what I do not agree with. I might not personally do that myself. But since my parents didn't treat me that way I have no idea. But I do not blame anyone one bit for doing so. How that has left your point? I have not a clue.

pnwmom

(108,980 posts)
127. Not zero information. The parents have reneged on the enrollment contract
Tue Mar 4, 2014, 04:27 PM
Mar 2014

that they signed last spring that obliges them to pay the full tuition for the year.

All schools have such contracts because it's the only way they can hire teachers and budget ahead of time.

 

NCTraveler

(30,481 posts)
129. That does not make them dead beats. That does not make them evil.
Tue Mar 4, 2014, 04:30 PM
Mar 2014

Making those types of judgments off of this limited information is irresponsible. Why aren't you using the limited information about the young girl in order to tar her?

I don't get how you so easily judge others.

pnwmom

(108,980 posts)
125. You are mixing up two situations. In the post you reacted to, I was responding to a DUer
Tue Mar 4, 2014, 04:25 PM
Mar 2014

who said that after his birthday he was told it was YoYo time. I wouldn't blame that DUer if he reminded them of that if they ever need help.

With regard to the girl in the OP, I said her parents were deadbeats because, even though they signed a contract and have the means, they're reneging on their contract with the school. Their poor relationship with her doesn't give them the right to cancel the enrollment contract.

And they did that after the school reported the abuse allegation, as they are required to by law. The parents were trying to penalize the school for following the child protection laws. That's not a good idea.

Downtown Hound

(12,618 posts)
111. Definitely not zero information
Tue Mar 4, 2014, 03:35 PM
Mar 2014

Most 18 year olds are not qualified for anything other than low-paying, minimum wage jobs. In my community, you would not be able to afford a place to live on that, and certainly not be able to support yourself with food, medical care, ect.

So, while it may have once been okay to throw an 18 year old out and say, "Yer' on you're your own now," back when anybody could just go and get a good paying job at a factory somewhere, today it's downright cruel to do so. You're condemning that young person to a very tough existence, and there is nothing responsible or loving in that.

 

NCTraveler

(30,481 posts)
117. Please show the information given...
Tue Mar 4, 2014, 03:51 PM
Mar 2014

that backs up this posters need to call the parents dead beats and to hope the child ditches them when they get older. That is what I was directly replying to. What information in the articles did you find with respect to this case that I did not?

Downtown Hound

(12,618 posts)
133. Well, I believe I've already done that
Tue Mar 4, 2014, 04:32 PM
Mar 2014

But I will repeat it to you. The fact that the parents of the individual in question were willing to cut off all support to him at 18 was viewed as a bad parental decision by the poster in question and amounted to child abandonment. Even though in the eyes of the law it is not, many would consider that in today's tough economy and the lack of affordable housing, it is wrong to just abandon young adults and leave them to the mercy of an uncertain world.

I believe that's what led to the poster calling them deadbeats. You may or may not agree with this, but at least try and act like you understand why now.

pnwmom

(108,980 posts)
124. I don't think that many 18 year olds are kicked out while still seniors in high school.
Tue Mar 4, 2014, 04:20 PM
Mar 2014

Or kicked out right after their birthdays. And a parent who would deal harshly with their child should be prepared for the same treatment later on. What goes around, comes around.

Nika

(546 posts)
141. I was kicked out at age eighteen by an alcoholic Mom in a my way or the highway moment.
Tue Mar 4, 2014, 04:43 PM
Mar 2014

who was pissed I was not going on to college immediately at that age allowing her access to Social Security Survivor benefits from me another few years until I turned twenty one.

You are right on how this sort of hard feeling last. I could of gone to her funeral as some of my five siblings bothered to do. But I didn't waste my time.

pnwmom

(108,980 posts)
143. I certainly understand why you didn't. If parents don't treat their children in a loving way,
Tue Mar 4, 2014, 04:47 PM
Mar 2014

they shouldn't be surprised when their kids don't love them back.

And children don't need their parents to be perfect. Most children desperately want to be loved. But some parents are too wrapped up in their own problems to be even adequate parents.

Gormy Cuss

(30,884 posts)
32. Poverty is another compelling reason
Tue Mar 4, 2014, 12:19 PM
Mar 2014

Though that's clearly not the case with the parents of the young woman in the OP, I know many kids who were told that they'd be on their own as soon as they turned 18 if they weren't in high school and those that were in high school knew that they were on their own a month after graduation. Families on welfare in particular had this happen, but others did this too. Now they told their kids this years before, it wasn't a birthday surprise.

yellowcanine

(35,699 posts)
38. Of course functional families do not kick the kids out - they ask them to get a job and charge them
Tue Mar 4, 2014, 12:36 PM
Mar 2014

room and board.

Gormy Cuss

(30,884 posts)
47. That doesn't work if the family is receiving aid.
Tue Mar 4, 2014, 12:49 PM
Mar 2014

Last edited Tue Mar 4, 2014, 04:16 PM - Edit history (1)

The program rules often make it impossible to let the kid stay and pay board. For low income families who aren't receiving aid, it may be an issue of cramped living space. Neither of those reasons is a sign of family dysfunction. Bear in mind I'm not talking about parents who announce that the kid is on his/her own for the first time when the kid turns 18th. Kids grow up understanding this expectation.

 

Lost_Count

(555 posts)
52. Functional families absolutely push kids out...
Tue Mar 4, 2014, 01:05 PM
Mar 2014

You don't see a difference between having your own place and own rent vs cutting a check, maybe, to mommy every month?

yellowcanine

(35,699 posts)
94. I do see a difference - functional families work these things out.
Tue Mar 4, 2014, 02:39 PM
Mar 2014

It is not a reasonable expectation for an 18 yr old to have to be on their own. Paying room and board to your parents is a reasonable thing to do at 18 - having to be entirely on your own is something else again. There are even situations where all will agree that it is best for the 18 yr old to be out of the house - not the same as cutting off the 18 yr old. As I said, functional families sit down and work out a solution.

 

Lost_Count

(555 posts)
95. Solutions are the best...
Tue Mar 4, 2014, 02:40 PM
Mar 2014

... but there has to be a line at some point.

The mere fact that someone is related to you does not entitle them to eternal rights to dictate your life. It's up to each individual and group to determine where that line is.

Only door mats don't have a line because they are "family."

haele

(12,660 posts)
98. Sometimes it's the parents.
Tue Mar 4, 2014, 03:04 PM
Mar 2014

There is a particular American cultural attitude in some areas of the country that once the child gets old enough to "take care of him/herself", the parent is perfectly justified in kicking them out to complete the transference into adulthood. And they consider it easier if the child "didn't turn out" the way they wanted him or her to. Then maybe the child will "learn his or her lesson" and maybe come crawling back like the Prodigal Son for adult approval.

Ultimately, the justification for that sort of thing is the attitude that your parents are only there to raise you to be an adult - now go be an adult, because taking care of a person is something that is done for children or the weak.
It's especially prevalent amongst Libertarians or "adults" who never really grew up themselves and couldn't really handle the responsibility to raise children in the first place. These are the people who honestly feel that once the kid stopped being fun and began being a chore, it wasn't really worth having them around anymore.

Haele

Sarah Ibarruri

(21,043 posts)
27. She is totally invested in it, and I wish I knew the reason behind that.
Tue Mar 4, 2014, 12:03 PM
Mar 2014

I'm sure there's a story. There always is.

treestar

(82,383 posts)
42. The poster should give us more
Tue Mar 4, 2014, 12:40 PM
Mar 2014

Despite turning 18, few parents kick their newly adult child right out - at that age and because they just reached it. Some kids may want to go, so I suppose that could be a factor. Legally, it is their right, but most of us think more sentimentally of that relationship in our current culture. The 18 year old might want to take off, but the parents usually don't kick an unwilling 18 year old onto the street unless there's some real coldness there. If they are poor, they still don't do that.

ManiacJoe

(10,136 posts)
5. This version seems to match with the previous version.
Tue Mar 4, 2014, 05:33 AM
Mar 2014

Or am I not remembering the parents' version correctly?

 

Jenoch

(7,720 posts)
6. This version does not provide any more information
Tue Mar 4, 2014, 05:38 AM
Mar 2014

than does the previous version. Ao far I have not seen enpugh information to judge who is rightous in this situation.

pnwmom

(108,980 posts)
7. Yes, it does provide additional information. But you're right that it doesn't
Tue Mar 4, 2014, 06:28 AM
Mar 2014

resolve the question of who is right. It will be interesting to see how the judge rules in light of all the evidence.

But if her college funds are in a Uniform Gift to Minors Account with her name on it, they can't take it back. The only person they could spend the money on would be her.

DebJ

(7,699 posts)
9. But if it is NOT set up like that, and is just a savings account, I have a question.
Tue Mar 4, 2014, 07:19 AM
Mar 2014

Since when are parents legally obliged to pay for a college education (and at some very expensive schools)?
Over half of the parents in this nation can't do that right now.

pnwmom

(108,980 posts)
10. These parents have already put money away in the account, and they're not saying they
Tue Mar 4, 2014, 07:30 AM
Mar 2014

can't afford it. And if they did gift it to her already, they can't ungift it.

When judges have ordered college tuition to be paid, it's affected divorcing, wealthy parents who had raised their children with the expectation that they'd be going to college. The laws in some states support this. The idea is that a parents' divorce shouldn't penalize their children. But it only affects people wealthy enough to pay for college.

Ilsa

(61,695 posts)
59. This was my first thought.
Tue Mar 4, 2014, 01:18 PM
Mar 2014

If they established an account for her education, and if they gifted it or took any kind of tax deduction, then the money should be used for her further education. The state has a vested interest in seeing her (and all youth) be able to support themselves.

The school can probably sue the parents. I bet they signed a contract.

pnwmom

(108,980 posts)
61. I never heard of a private school that didn't require parents to sign enrollment contracts
Tue Mar 4, 2014, 01:29 PM
Mar 2014

in the spring. They have to, because they need to know they can count on income before they hire teachers, etc.

exboyfil

(17,863 posts)
88. You are right
Tue Mar 4, 2014, 02:13 PM
Mar 2014

They should absolutely be on the hook for any tuition and any withdrawal charges. I would suspect they could have left at the semester (maybe with a withdrawal charge - a lot of students graduate in December). I would have given my daughter the opportunity to register in their local school district at that point to finish her High School education.

If the money was in a 529 owned by the parents, that is the parent's money. They have every right to spend it as they see fit (transfer the name to another family member for example or take the tax hit and remove the money for general use).

You cannot use contract law for a minor. She cannot form contracts prior to being 18. Even statements of desire to help with college would be difficult to prove a contractual obligation.

Sarah Ibarruri

(21,043 posts)
29. They aren't. Not to adults, and she's 18.
Tue Mar 4, 2014, 12:05 PM
Mar 2014

Can you imagine what this country would look like, with all 18 year olds making financial demands of every sort?

treestar

(82,383 posts)
43. Legally no they are not
Tue Mar 4, 2014, 12:44 PM
Mar 2014

But these particular parents have the money and so it's more of a moral question - quite unusual for parents who spent money on private school not to fund the education, so in this case, it appears to be using money for control. It seems they intended her to have what practically every other middle class family wants their children to have and doesn't do merely because they think they are legally required, which they are not.

Also if she is still in high school they may have a duty to support her in the state's law, up to some ceiling age providing for the cases of those who don't finish high school.

 

Jenoch

(7,720 posts)
17. The story does not sau anything about what
Tue Mar 4, 2014, 10:03 AM
Mar 2014

kind of 'college fund' there is. There is only a vague reference from the child.

 

snooper2

(30,151 posts)
26. Her dad already stated she would get the saved college money
Tue Mar 4, 2014, 11:55 AM
Mar 2014

So after that-


Non issue for the courts

tammywammy

(26,582 posts)
71. Why would they release the college money now?
Tue Mar 4, 2014, 01:56 PM
Mar 2014

She's not in college, nor has she picked a college is what I gather from the articles.

pnwmom

(108,980 posts)
74. They could be using it to pay for the high school right now, which they owe anyway
Tue Mar 4, 2014, 01:58 PM
Mar 2014

since they signed an enrollment contract last spring.

tammywammy

(26,582 posts)
80. You're assuming they signed a contract.
Tue Mar 4, 2014, 02:05 PM
Mar 2014

Unless you have a link saying they signed a contract and what the contract says we don't know what the parents signed between them and the high school. If the parents signed a contract saying they'd pay tuition, then it should be the high school suing the parents for breach of contract.

pnwmom

(108,980 posts)
87. EVERY private school requires enrollment contracts. They must because they, in turn,
Tue Mar 4, 2014, 02:13 PM
Mar 2014

are obligated to pay teachers and other costs. They have to be able to plan in advance..

Besides, the school has indicated that there is one, and that the parents "stopped paying." Meaning they had partially paid, and then they stopped.

I'm sure the high school will sue for breach of contract if they have to, but they're waiting to see the result of this. If they can get a payment straight from the daughter, they won't have to go to court against the parents.

 

joeglow3

(6,228 posts)
34. NOBODY puts college funds in a UGTMA account
Tue Mar 4, 2014, 12:29 PM
Mar 2014

Least of all someone with enough money to pay even the dumbest financial advisor. First of all, if it is in a UGTMA account, it is included in the financial aid formula at 100%, versus a small percentage if it is deemed to be an asset of the parents. Second, most everyone saving for college in a structured plan with anything significant use a 529 plan, which is CLEARLY defined in IRC Sec. 529.

Drop the UGTMA "point." It is NOT valid.

 

joeglow3

(6,228 posts)
81. Fair enough. They may have two years worth.
Tue Mar 4, 2014, 02:06 PM
Mar 2014

She is 18 and I believe 529's came into existence in 1996. If they continued to contribute to a 529 in a this manner instead of setting up a new 529, they are dumbshits.

pnwmom

(108,980 posts)
86. It worked out for us. But we weren't abusing our children and trying to control them with money. n/t
Tue Mar 4, 2014, 02:09 PM
Mar 2014
 

joeglow3

(6,228 posts)
96. It would be poor planning.
Tue Mar 4, 2014, 02:41 PM
Mar 2014

You most likely give up any state tax benefit of contributions, as that goes to the account holder (non-taxpaying kids in this case). Plus what happens if a kid decides to not go to school or gets scholarships? Given the loss of tax savings and inflexibility using a UGTMA account provides, it would make zero sense to use one.

Has nothing to do with controlling kids. However, I find it interesting that you think kids are entitled to a free college education no matter their behavior.

pnwmom

(108,980 posts)
97. I think it interesting that you aren't even willing to consider the possibility that
Tue Mar 4, 2014, 03:02 PM
Mar 2014

the girl was being truthful when she said her parents were physically and emotionally abusive. Even though the school reported they saw behavior on the parents part that concerned them.

The CPS closed the case -- because she's 18. Other than that, we don't know anything.

 

joeglow3

(6,228 posts)
102. Then file criminal charges
Tue Mar 4, 2014, 03:14 PM
Mar 2014

I fail to see how that entitles one to adult expenses being covered for the next 5 years.

pnwmom

(108,980 posts)
103. You aren't the judge and neither am I. It will be interesting to see what the final decision is. n/t
Tue Mar 4, 2014, 03:17 PM
Mar 2014
 

smokey775

(228 posts)
183. CPS did not close the case because she's 18,
Wed Mar 5, 2014, 04:46 PM
Mar 2014

they closed the case because they found no merit to her allegations.

The couple submitted letters to the court which state a Department of Children and Families investigation cleared them. Mrs Canning added: 'In fact, the case worker told us that it was in her opinion that we spoiled our daughter. We gave her too much'.

Mrs Canning added: 'She also told the worker that she had threatened suicide and my reaction was that I "high-fived" my husband. this was so outrageously offensive that it did not deserve to be addressed, but we gladly addressed it with the caseworker'.



Read more: http://www.dailymail.co.uk/news/article-2573165/My-mom-called-porky-dad-got-drunk-told-I-just-daughter-Explosive-claims-spoiled-cheerleader-18-suing-parents-support-ran-away.html#ixzz2v7KubYVV

She's nothing more than a spoiled little brat and yesterdays court ruling was appropriate.

And, the parents didn't kick her out, she left on her own because she didn't want to abide by their rules.
 

joeglow3

(6,228 posts)
138. In this case, no
Tue Mar 4, 2014, 04:39 PM
Mar 2014

You have to take additional steps to intentinally steps set up a UGTMA 529, which is exceptionally rare. No one who knew what a UGTMA is and what it is intended for would do it.

treestar

(82,383 posts)
44. They probably got some tax break on it
Tue Mar 4, 2014, 12:45 PM
Mar 2014

So if they don't use it that way, will have to pay the taxes on withdrawal. Unless they can rollover somehow. See complicated IRS regs to figure that out.

 

joeglow3

(6,228 posts)
82. You have three options
Tue Mar 4, 2014, 02:07 PM
Mar 2014

1. Use it for qualified expenses for the designated person
2. Change the designated person to someone else
3. Withdrawal, pay all taxes, plus penalties.

pnwmom

(108,980 posts)
140. If the funds began in a UGM account, they couldn't transfer them to
Tue Mar 4, 2014, 04:40 PM
Mar 2014

a 529 account unless it was a hybrid UGM/529 account that had her name on it.

So they couldn't change the designee in that case.

 

joeglow3

(6,228 posts)
152. They couldn't have been in a UGTMA if a tax break was given
Tue Mar 4, 2014, 05:34 PM
Mar 2014

Tax breaks ARE however given for contributions to a normal 529.

pnwmom

(108,980 posts)
154. The tax break for a UGM involved the income earned on the money,
Tue Mar 4, 2014, 05:46 PM
Mar 2014

which would be taxed at the child's lower rate rather than the parent's.

If that account was rolled into a 529, then the new hybrid account would have to have that child's name on it.

 

joeglow3

(6,228 posts)
159. Um, income taxes aren't paid on a 529 (income or otherwise) unless the funds aren't used for college
Tue Mar 4, 2014, 06:12 PM
Mar 2014

Thus, you are wrong. There are no tax benefits to a 529 being in a UGTMA.

That said, you may want to beef up on the kiddie tax. If you took advantage of what you think is true based on your post, you may have some returns that need amending.

Seriously, not to sound bad, but I have 15 years experience as a tax CPA. I am pretty sure I know what I am talking about here.

pnwmom

(108,980 posts)
160. I didn't say there were tax benefits to a 529 being in a UGM.
Tue Mar 4, 2014, 06:14 PM
Mar 2014

I described what the benefits were of a UGM with respect to the income -- being taxed at the child's lower rate. Then I pointed out that if the money in an old UGM account got legally transferred to a new 529, then it would still have to have the child's name on it. These are two separate issues.

 

joeglow3

(6,228 posts)
163. You need to go back and re-read the thread
Tue Mar 4, 2014, 06:45 PM
Mar 2014

My response to the original post made complete sense in context. You then came along and posted something about "unless it is in a UGTMA." I said that was not valid, as it was clear from his original post that that would not be the case. And not it has devolved into this.

pnwmom

(108,980 posts)
67. That's funny. WE did. 529 plans haven't been available forever. Parents who started gifting
Tue Mar 4, 2014, 01:48 PM
Mar 2014

before then often used the UGM accounts, and kept them.

Mugu

(2,887 posts)
63. If the funds do not legally belong to the daughter,
Tue Mar 4, 2014, 01:37 PM
Mar 2014

the family now has a more important place for the money to go.


Their attorneys.

Enrique

(27,461 posts)
16. same here
Tue Mar 4, 2014, 09:37 AM
Mar 2014

it's a family matter. I could know these people my whole life and still not want to judge who is righteous. Let alone a couple of news articles.

And keep in mind that everything we're hearing is after it's been framed by lawyers on both sides.

treestar

(82,383 posts)
45. This is being used by right wingers
Tue Mar 4, 2014, 12:46 PM
Mar 2014

to prove that the society that does not follow right wing rules produces horrible people. They are not interested in further details either.

PeteSelman

(1,508 posts)
11. This link sucks.
Tue Mar 4, 2014, 08:04 AM
Mar 2014

Not that the story is bad but you can't read it on a mobile device? It keeps skipping out of it.

Dorian Gray

(13,496 posts)
12. There is always another side
Tue Mar 4, 2014, 08:09 AM
Mar 2014

They sound like control freaks. I have a friend whose parents are still control freaks (we are in our 40s). They will offer to help her and her husband pay for big life things if they make choices they'd prefer. It's horrible, and she always says no (now). Though it took her longer than most to start saying no to them.

antigone382

(3,682 posts)
158. I had to do that when I was 19.
Tue Mar 4, 2014, 06:11 PM
Mar 2014

My father, who had spent my entire teenage years telling me he would disown me if I ever dated outside my race, if I ever had an abortion, if I ever became an atheist, etc. etc., hit me in the face during an argument. He had hit my mother when I was younger and had supposedly reformed. If there's one thing I learned growing up, it's that you can never let a man* hit you twice--not even your father. So I quit my job, dropped out of school, and left the state.

I did not at that time know how to drive, and I was far from capable of being fully independent. Even so, I did not ask for and would not have accepted any financial support from him. As a consequence I lived at times without running water, shared rice with my dogs a time or two...at one point I seriously considered heading to the truck stop to sell my virginity. It was a hard road.

Ten years later, and with a considerable amount of luck and social support, I have graduated magna cum laude from a well-regarded Liberal Arts College and I am working at a job I love that pays me enough to make a living. But I came damn close to death, more than once. I am alive and thriving even because I was damned lucky. That's it.



(*replace gender as necessary. In my own childhood, I primarily witnessed male aggression against women and children, and because I am a heterosexual woman, the potential partners who I need to screen for abusive behaviors happen to be male. I am aware that this is not the case for everyone, and in the case of this story there is at least one independent account of the mother acting in verbally abusive ways towards her daughter.)

 

PowerToThePeople

(9,610 posts)
164. I was 18 and smoking reefer.
Tue Mar 4, 2014, 06:45 PM
Mar 2014

I am sorry for what happened to you and proud of what you have accomplished.

Dorian Gray

(13,496 posts)
182. You are one strong woman
Wed Mar 5, 2014, 04:33 PM
Mar 2014

antigone. Sorry about the pain you went through. You should be proud of who you are and what you've accomplished!

marshall

(6,665 posts)
15. Why can't she transfer to a public high school?
Tue Mar 4, 2014, 09:05 AM
Mar 2014

And she says her first choice for college is a private university in Vermont. If she wants to live by her own rules she needs to learn how to make adult choices--and that includes living within her means. A public high school and a local community college and later a state university will meet her needs.

I doubt that the college fund, if it even exists as a separate account, is set up in her name. Otherwise there would be no argument, she would simply go to the bank and get the money.

In the end I hope the court gives her the advice to move back home, follow reasonable rules, and attend the local community college.

 

msanthrope

(37,549 posts)
33. Given your absolutely repugnant stance on child support, I am NOT surprised to see this from you. nt
Tue Mar 4, 2014, 12:28 PM
Mar 2014

TroglodyteScholar

(5,477 posts)
66. Looks kinda like flamebait to me...
Tue Mar 4, 2014, 01:46 PM
Mar 2014

I mean, the point you make is this... If you are required to pay child support, shouldn't you legally be able to just wait it out without actually meeting your obligation to your dependent?

And of course this thought is repugnant. How could it be seen in any other way?

 

blueamy66

(6,795 posts)
90. Aren't we getting a bit off topic here?
Tue Mar 4, 2014, 02:26 PM
Mar 2014

My thread was from almost a year ago.

And that wasn't my point at all.



TroglodyteScholar

(5,477 posts)
166. I just replied to a post that was already here. I didn't change any topic.
Tue Mar 4, 2014, 07:29 PM
Mar 2014

And I don't care that the post was a year ago. You made a claim that another poster was misrepresenting you, the other poster gave you the link, and you denied the very plain fact that your post was disgusting.

If you were making some other point in the year-old post, it's impossible to see. It simply looks like you think deadbeat divorcees should just get a free pass if child support poses any kind of inconvenience.

TroglodyteScholar

(5,477 posts)
170. Yup.
Tue Mar 4, 2014, 08:48 PM
Mar 2014

I know it's a radical worldview that requires one to satisfy one's own obligations. Sorry you had to tolerate such talk.

 

Chan790

(20,176 posts)
118. ...and it's factually wrong in many states...
Tue Mar 4, 2014, 03:54 PM
Mar 2014

just ask my biological father. I'm 35, D is 33 and Crash is 27 and BioDad will be playing child support until the day he dies because after the original support he withheld, court fees and interest, he'll never make enough money to get out from under the lien against his assets and pension.

Response to blueamy66 (Reply #112)

 

snooper2

(30,151 posts)
25. The parents already said they would give her the saved college money
Tue Mar 4, 2014, 11:54 AM
Mar 2014

So she has her money for college and is on her own...


Now the court can fine the lawyer filing the case for wasting their time

 

snooper2

(30,151 posts)
73. Well, they said they loved her and just wanted her to follow some simple rules
Tue Mar 4, 2014, 01:58 PM
Mar 2014

Have no idea...

I'm sure they will all be okay in the morning though.



Now the young folks in Ukraine and Venezuela.....

pnwmom

(108,980 posts)
75. AND the father said she had been claiming, falsely, to have been physically and emotionally abused.
Tue Mar 4, 2014, 02:02 PM
Mar 2014

And that CPS said she was "spoiled."

CPS wouldn't be involved anymore because she is over 18. But "spoiled" doesn't sound like a real quote to me. And the school, based on its observed interactions, was concerned enough to report them.

No one's asking that you post here instead of limiting yourself to posts about the rest of the world.

 

snooper2

(30,151 posts)
84. I'm all over the map today, but now it is lunch time
Tue Mar 4, 2014, 02:08 PM
Mar 2014

I'm deleting memory files from this story...



Replacing with this

GRANDPA BEAT DOWN PRANK (GONE WRONG)


 

msanthrope

(37,549 posts)
30. In the middle of her senior year? As for.her college fund, it depends how
Tue Mar 4, 2014, 12:07 PM
Mar 2014

it's titled and what money went into it.

Gormy Cuss

(30,884 posts)
35. 1) She's months from graduating HS. Transferring now would be stupid
Tue Mar 4, 2014, 12:31 PM
Mar 2014

because it's unlikely that she would be accepted for graduation mid-term of the last term of senior year, so she would have to continue in high school next year.

2)University of Vermont is a public university.

If the court declares her emancipated she would be offered more scholarship money than she's been offered now because of her non-existent income. Whether that would be enough to attend a college of her choice, I don't know. The worse situation for her is that the court declares her dependent and that her parents aren't obligated to turn over her college fund.

pnwmom

(108,980 posts)
69. The parents signed an enrollment contract with the school last spring that obligated them
Tue Mar 4, 2014, 01:54 PM
Mar 2014

to the school. So even if she went to a public school, the parents still owe that money. The school hired teachers, etc., based on a certain number of enrollment contracts. Parents who don't want to pay -- no matter what happens -- have the option of purchasing tuition insurance, but even that usually disappears by the time the child has started the school year.

And in NJ college fund accounts might not be fully accessible till a student is 21. Before that, it's in the hands of a custodian, who is usually a parent. They can only spend a UGM account on the child, however.

The father says the daughter accused them of physical and emotional abuse, and the school, having observed her interactions with them, advised her to move out. I don't know why anyone would ASSUME that the parents' story is the truthful one. I don't think we know enough to decide, but I hope the judge will.

Ineeda

(3,626 posts)
181. Lots of details are available illustrating the attitude of this 'poor kid'
Wed Mar 5, 2014, 04:25 PM
Mar 2014

(including quotes from the darling child) saying her dad would "inappropriately" kiss her ON THE CHEEK and often put his arm around her; photos of them doing parent-child things, like posing with her in several different prom-type gowns (one with her kissing Dad on his cheek), on family vacations, etc. She looks extremely happy (and, yeah, yeah, I know appearances can be deceiving.) Her world seemed not only entirely normal, but actually idealistic, and refutes her claims. BTW, she was NOT kicked out. Continually saying otherwise is dishonest. She left on her own, went to stay with a friend because she refused to abide by her parents rules. But her parents said that she could come home with that condition (and the rules were not onerous.) Also there are some really disgusting emails or phone messages from the darling daughter, things like saying she wanted to sh*t on her mother's face. The parents claim there were problems with her drinking, stealing from them, and other things that have not been denied. Accusations of abuse from an angry, smart, and spoiled kid are classic and, of course, not necessarily true.

So, I don't know why anyone would ASSUME that the kid's story is the truthful one.

quakerboy

(13,920 posts)
100. Would the tuition cost go away if she transferred mid semester?
Tue Mar 4, 2014, 03:08 PM
Mar 2014

I have my doubts. Usually you when you agree to pay for private school, you are stuck with the bill, whether you attend or ditch, whether you stay or go home half way through. They dont usually offer a no contract, pay as you go type service.

But it also raises another question for me. Did she choose the private high school? assuming not, why would she be responsible for the costs of a high school that her parents chose and enrolled her into, regardless of whether she happened to have an 18th birthday in the middle of a term? For that matter, her parents chose when to enroll her in school. My parents chose to enroll me in at a point that had me graduate as an 18 year old, instead of as a 17 year old, because they felt it would be better for me to be one of the oldest in my classes, not one of the youngest. Should I have then had to finish high school without parental support, if they felt like it?

Fortunately my parents did not. As long as I was actually working toward a degree my parents were as supportive as they felt they could be, financially.

I have no doubts that the parents are on the hook for the high school bill. It seems fairly certain that they chose the school and sent her there, and I virtually guarantee that they signed a contract to pay for the year of school.

The rest of it looks a little trickier to me. College costs are dependent on your parents income until you are a bit older. An 18 year old with wealthy parents, enrolling into college, is unlikely to have access to significant financial aid, aside from loans. If you are going to decouple any parental responsibility to help offspring through college, then you should equally decouple any financial benefit or detriment to those offspring. Same with taxes. As a 21 year old, you can't get the EIC unless you have your own child. It doesn't kick in until you are 25.

I feel certain that the parents, if this girl were allowed back home, would not want her to go to a local community college. People who pay for private high schools usually dont, in my experience.

In the end, I hope the court looks at the facts of the situation and comes to a fair resolution, disregarding opinions of a childs place, obedience owed or anything similar and irrelevant to the individual situation of the people involved.

Xithras

(16,191 posts)
105. Slightly OT, but federal financial aid wouldn't be an issue in this situation.
Tue Mar 4, 2014, 03:20 PM
Mar 2014

Financial aid does normally require the parents financial data and is normally dependent on their income level, but there are certain grounds in which "dependency waivers" can be issued and the student can be evaluated based only on their own finances. One of those qualifying conditions is "abandonment". If the parents are completely uncommunicative with the young adult, and NO financial or material support has been provided for a minimum of ONE YEAR, then the student can be judged as being "abandoned" by the parent and the requirements can be waived.

That exemption is the only way a lot of "out the door at 18" kids can attend college.

If this girls parents really cut off all "financial and emotional support" when she turned 18, as they claimed, then she'd qualify for a dependency waiver on her 19th birthday.

 

NCTraveler

(30,481 posts)
19. If the school has a contract with the parents shouldn't the school be suing them?
Tue Mar 4, 2014, 10:20 AM
Mar 2014

I am pretty sure just about all forms of college funds have already been litigated. It is pretty clear in the law what happens to what type of funds after the child turns 18. Shouldn't all of this be pretty clear cut. Lets see the contract between the parents and the school, then tell what form of college fund it is. This is probably a very black and white case, except for the mud the lawyers will bring in.

Vinnie From Indy

(10,820 posts)
31. I sometimes feel heartless when situations like this are posted here on DU.
Tue Mar 4, 2014, 12:09 PM
Mar 2014

Of course, I want people to get along and have happy lives and do the right thing and be fair and honest, but in the grand scope of things going on in America and in my community, I could not care less about the eternal battles between parents and their children. Especially when they are fighting about whether this young lady can attend private schools in Vermont. I guess part of it is that I am exposed to so many people where simply keeping a roof over their heads or feeding their families is the daily order of business. Now, I am wondering why I even responded to this OP, but since I already typed it, I will post it.

 

Lizzie Poppet

(10,164 posts)
56. Yep: #firstworldproblems
Tue Mar 4, 2014, 01:10 PM
Mar 2014

I very much suspect I'd find the parties on both sides of this mess to be insufferable.

antigone382

(3,682 posts)
180. I understand to an extent, but this girl *is* looking at potentially not having a roof over her head
Wed Mar 5, 2014, 04:19 PM
Mar 2014

I come from nowhere near her economic strata, but you can read my account of what my life was like when I was around her age in post #158. My home life was extremely toxic, and the "simple rules" I was supposed to follow were genuinely unbearable and abusive. I was blamed for the abuse I received by my father and stepmother, told that behaving like a spoiled brat brought it on. In some ways I'm sure I was a melodramatic, hyperbolic, and entitled kid--most teenagers are--but it did not excuse the fact that I was put physically and psychologically harmed by the adults in the situation.

I don't know whether or not she has been in a similarly abusive situation. However, adults such as officials at the school she is currently attending and the parents of her best friend seem to think that her plight is a legitimate one. Yes, a fully funded ride to college is a luxury (in a sense), but if that is what she has been preparing for as her next step, if she doesn't have another plan in place, or the knowledge or resources to pursue another path, she could be in an extremely vulnerable position, though at this point there seem to be adults willing to keep her from that.

Orsino

(37,428 posts)
39. However the case is decided, and whatever its merits...
Tue Mar 4, 2014, 12:37 PM
Mar 2014

...the parents will have been completely humiliated, and will appear to have been unfit parents. The suit is probably the penultimate weapon the daughter has in this little war.

Mugu

(2,887 posts)
65. This is now a worldwide story.
Tue Mar 4, 2014, 01:44 PM
Mar 2014

If you read the various articles, you will find that public opinion is overwhelmingly on the parent’s side.

Orsino

(37,428 posts)
93. Yeah. The simple narrative that paints a portrait of a spoiled child...
Tue Mar 4, 2014, 02:31 PM
Mar 2014

...gets around the world while any more nuanced versions are still putting on their shoes.

pnwmom

(108,980 posts)
78. What if the case has merits? Wouldn't the parents deserve that?
Tue Mar 4, 2014, 02:03 PM
Mar 2014

We have given a home for two years to a young woman whose parents were abusive. Such people do exist, and sometimes young people have no choice but to get away from them.

 

demwing

(16,916 posts)
50. Why are you so interested defending the daughter?
Tue Mar 4, 2014, 12:55 PM
Mar 2014

You're encouraging those who might side with the parents to withhold judgment, but not following your own advice.

What's your angle?

pnwmom

(108,980 posts)
72. I have said repeatedly that we don't know the whole story, so I'm presenting her side.
Tue Mar 4, 2014, 01:57 PM
Mar 2014

But the point is we just don't know -- and most people here immediately took the parents word, even though the school and the parents of her friends clearly think the world of this girl.

Beringia

(4,316 posts)
51. I remember reading a story in France
Tue Mar 4, 2014, 01:02 PM
Mar 2014

where the rules in France say parents must pay for college tuition, but I cannot find any link.

cbdo2007

(9,213 posts)
55. LOL, wow she's got such a hard life
Tue Mar 4, 2014, 01:08 PM
Mar 2014

hahahahahaahahah

Wow, DU really will stick up for any "victim" of any situation.

 

Kelvin Mace

(17,469 posts)
153. I think a lot of us
Tue Mar 4, 2014, 05:39 PM
Mar 2014

are trying to figure out who the victim is. Seems a lot of folk are picking sides when very little information is extant.

The story in the tabloids is being slanted as "spoiled brat sues parents" (one of the reporters hyping the stories is from the Daily Mirror, the WORST of the Murdoch's grimy little rags, whereas more measured stories are reporting allegations of abuse by the parents.

Until all the facts come out, seems like folly to pick a victim.

cbdo2007

(9,213 posts)
161. right....attractive rich girl, sues rich parents.....it's a wet dream for the tabloids....
Tue Mar 4, 2014, 06:17 PM
Mar 2014

who gives a fuck really?? There are no victims there.

Mugu

(2,887 posts)
60. Even if she wins this lawsuit, she is going to lose in the long run.
Tue Mar 4, 2014, 01:28 PM
Mar 2014

The universities that she has applied to will see this, and it will surly factor into their decision whether she will make a positive addition to their campus.

Potential suitors and their families will see this and wonder if they really need to risk possible drama in their lives.

When it comes time for her to seek employment this incident will pop up. Given all the other candidates the employer will probably have to chose from, is she really worth the potential headaches?

pnwmom

(108,980 posts)
83. Don't you think that will depend on what the judge ultimately decides?
Tue Mar 4, 2014, 02:07 PM
Mar 2014

The father claims that the daughter alleged physical and emotional abuse. What if the daughter was speaking the truth? Her school seems to believe her. If administrators from there write the colleges, I'm sure that will be part of the decision any college makes.

Are you really suggesting that people shouldn't allege abuse -- even if it's true -- because other people will decide they might pose too much drama? Wow.

TeamPooka

(24,229 posts)
77. So the parents did not kick her out, the school told her not to go home. hmmm
Tue Mar 4, 2014, 02:03 PM
Mar 2014

So they would have a case to collect their tuition?

pnwmom

(108,980 posts)
79. The parents stopped paying the tuition BECAUSE the school took the daughters side.
Tue Mar 4, 2014, 02:05 PM
Mar 2014

And they are under contractual obligation to the school, so the school will get their money one way or another.

get the red out

(13,467 posts)
89. I hope a solution is found for this young woman
Tue Mar 4, 2014, 02:18 PM
Mar 2014

There are two sides to every story. My sister and I grew up with material things (not rich, but solid middle-class), but our mother was mentally ill and there are no "foul words" in existence that we have not been called. And yes, we are taking care of our Mother in her old age. In her mind we had a perfect childhood because we were each given a car and a college education. She is incapable of knowing any different.

When I read that a teacher wrote a letter saying she witnessed "a rough encounter between Rachel and her mother in mid-October 2013 and heard Elizabeth Canning call her daughter a foul name and say she didn’t want to speak to her daughter again." I wanted to cry. I am just glad that this has been acknowledged as wrong by another adult to this young woman. I can't describe how huge that would have been for my sister and I.

Lunacee_2013

(529 posts)
106. ((Hugs)).
Tue Mar 4, 2014, 03:22 PM
Mar 2014

I faced abuse as a child, too. The physical kind. My family was poor during my early childhood years, but had also become solid middle-class by the time I was a teenager. I've experienced both sides of the tracks, so to speak, and just have to say one thing: money does not make the pain caused by abuse go away. We're back to barely keeping a roof over our heads, but the abuse has stopped. We finally over came it. No one gets hit anymore. I don't care how much money we had when I was younger, I would never go back to that time.

I don't know what, if anything, this young lady experienced, but I hope they find a good solution, too. I hope you and your sister are living happier lives now. My father is mentally ill, so I can empathize with what you went through.

Lunacee_2013

(529 posts)
92. This brings up an interesting question:
Tue Mar 4, 2014, 02:29 PM
Mar 2014

If someone turns 18, which legally makes them an adult, but they are still in high school, should their parents have to support them until they graduate?

Xithras

(16,191 posts)
99. Your post dances around the most important question without answering it.
Tue Mar 4, 2014, 03:07 PM
Mar 2014
"Thus, when people use the term age of majority, they are generally referring to when a young person reaches the age where one is considered to be an adult. The majority of states use 18 as the age of majority (in cases where the youth is still in high school the age of majority may extend beyond 18). In some states, child support stops when a child is 18 or graduates from high school, in others, it stops at 21"

It's interesting that "some states" have laws like that on the books, but the only one that matters in this case is New Jersey. Does New Jersey law require parents to support their adult offspring beyond the age of 18 if they are still struggling in high school? If not, then everything else is irrelevant. If so, then the parents simply screwed up by not checking the law first.

pnwmom

(108,980 posts)
101. NJ law leaves it ambiguous. That's why the judge will have to decide.
Tue Mar 4, 2014, 03:11 PM
Mar 2014
http://www.ncsl.org/research/human-services/termination-of-support-college-support.aspx

New Jersey

Duty to provide college support

If the child is continuing education or any other reason as determined by the court.

Newburgh v. Newburgh, 88 N.J. 529, 443 A.2d 1031 (1982) held that the court has jurisdiction to award a payment of support and expenses of a child attending college even though the child has reached the age of majority.

Age of majority

The age of majority is 18 years old; however attaining this age does not automatically emancipate the child
N.J. Rev. Stat. §2A:4-30.65; N.J. Rev. Stat. Ann. §9:17B-3; N.J. Rev. Stat. Ann. §2A:34-23; See NJ Child Support Guidlines link Appendix IX-A, 24 & 25.

Xithras

(16,191 posts)
113. Doesn't apply.
Tue Mar 4, 2014, 03:40 PM
Mar 2014

Newburgh v. Newburgh found that a court can entertain motions to modify divorce proceedings to award payment of college expenses.

1) There is no divorce proceeding in this case. Newburgh v. Newburgh addressed the modification of pre-existing divorce and support agreements.

2) Newburgh v. Newburgh did not establish an expectation of college support. It merely held that courts do have a right to hear a petitioners claim for it.

Under this ruling, no college expenses are required unless a court orders it, and it provides no grounds under which a court would order support for an adult non-dependent in a non-divorce situation in the first place.

FWIW, I have NEVER heard of college support being awarded in any state in cases where there wasn't already a preexisting support agreement established before the child's 18th birthday. In every case I'm aware of, it's either a modification of an existing support order, or is included as part of the support order from the get go.

This case would require a family court judge to establish a new support order for an adult dependent after they have already reached the age of majority and left their parents home. I've never heard of that happening in cases that didn't involve physical or mental disabilities on the part of the dependent.

WolverineDG

(22,298 posts)
109. Problem with using child support statutes to support this idea:
Tue Mar 4, 2014, 03:29 PM
Mar 2014

her parents are not divorced. They have no obligation to pay for her college, but given that they probably signed a contract with the school, I have no problems keeping them on the hook for that.

As for everything else, no they don't have an obligation to provide any support for her once she turns 18. Societal norms might hold it better that they support her until she graduates high school, but legally, they have no obligation to do so.

College fund: who's name was it in? Unless it was hers alone, it's still their money & they can do with it what they want.

And as someone who practiced family law for eons, I have a hard time requiring any parent to provide support for an adult child, unless that child is disabled & can't provide for themselves.


pnwmom

(108,980 posts)
110. It could be that what she most needs is a clear determination
Tue Mar 4, 2014, 03:33 PM
Mar 2014

from the court on whether she has been emancipated or not.

If the court says no, she hasn't been emancipated, then she may be able to get financial help from them.

If the court says yes, that she is emancipated, then she will have a stronger case for applying for a "dependency override" on the federally required financial aid forms -- ie., she won't have to submit her parents financial aid information.

Xithras

(16,191 posts)
114. She would qualify for a dependency override under the abandonment clause anyway.
Tue Mar 4, 2014, 03:43 PM
Mar 2014

A formal emancipation declaration would probably be faster though. The abandonment trigger for the federal "dependency override" requires no material or financial support for one year, along with a lack of relationship. Legal emancipation would take effect immediately.

pnwmom

(108,980 posts)
122. Right. If she wants to go to college next year, she'll need this soon. When you say
Tue Mar 4, 2014, 04:16 PM
Mar 2014

"along with a lack of relationship," do you mean "along with no contact"?

Xithras

(16,191 posts)
131. Abandonment doesn't necessarily mean "no contact"
Tue Mar 4, 2014, 04:31 PM
Mar 2014

I've had more than one student over the years who had to obtain one of these to stay in college.

Basically, it means that you don't have a normal parent/child relationship. No visiting on weekends, no staying in their house, no dinners or sporting events, no Christmas or Thanksgiving...nothing. If you're calling to see how each other is doing, you're probably not going to qualify either. But the occasional impersonal conversation isn't going to block a student from claiming abandonment. It's not necessarily "no contact", but "no contact of a personal nature". If you have a personal relationship, you haven't been abandoned.

Couple that with a lack of material or financial support, and students can qualify for a dependency exemption after one year.

It's also STRONGLY suggested that the student file their taxes and select that they are filing on their own. This will block the parents from claiming the child and destroying the exemption. I had one student who lost his dependency exemption because he didn't file taxes (he was unemployed) and his parents...who he hadn't spoken with in two years...claimed him as a dependent. He ended up having to file a tax return late, marking that he COULD NOT be claimed as a dependent on someone else's taxes. That fixed it for him, but it was a huge pain in the arse (I never heard about its impact on his parents, but I presume that it wasn't pleasant).

pnwmom

(108,980 posts)
136. Thank you. That is helpful information.
Tue Mar 4, 2014, 04:37 PM
Mar 2014

We have had a young woman living with us for two years now, who came from a very dysfunctional family. She's been working at part time jobs since high school and filing her own returns. I wrote a letter for her FAFSA file explaining that we've been providing her with a home and that she's been paying for her other costs. (Her mother canceled her health insurance and stopped paying her orthodontist as soon as she moved in with us. Yay for Obamacare, because now she's on Medicaid.) Fingers crossed. She got into a special program that paid for her community college, but she will need help for attending the University -- and if anyone deserves it, she does.

Xithras

(16,191 posts)
150. Just be aware that financial aid administrators can be obstinate.
Tue Mar 4, 2014, 05:16 PM
Mar 2014

Everyone wants a dependency exemption, and a vast number of students are willing to commit fraud to get it, so you'll probably get refused at first. Nearly everyone is initially refused. Just stay persistent and keep appealing their ruling until someone takes a close enough look at the case to approve it. One of my former co-workers once helped a young woman through the appeals process after she was turned down for a dependency exemption...her mother was DEAD, and her father was in prison for molesting her for most of her teen years. Though she met several different grounds for exemption, the financial aid office still turned her down on her first try. She was granted the exemption on her appeal.

You REALLY need to have as much supporting documentation as you can to back up your claim as well. Check stubs, payment receipts, court documents, police reports. Certified letters from other relatives, acquaintances, clergy, or other people familiar with the situation and confirming that no relationship exists and that the girl has been abandoned by her mother. Anything you have, from as many sources as possible, to substantiate the claim that she has been abandoned by her family and that there is no relationship of any sort. And don't forget that just being booted out isn't enough...you need your documentation to support the idea that she has NO relationship with the parent.

There is one MASSIVE pitfall that I should mention though. It's not uncommon for the school itself to try and contact the parent to corroborate the story if they are actually investigating it. If the parent says something like "No, I'd support her but she ran off", or "She only has to break up with her boyfriend/change her fashion/ditch her friends/whatever and I'll support her", then the whole thing can be sunk. When that happens, the school will often decide that the abandonment has occurred by the students choice, which prevents the exemption. Not all schools will call, and not all schools will cancel an exemption over a statement like that, but some do.

WolverineDG

(22,298 posts)
144. Uh she's 18. She's emancipated
Tue Mar 4, 2014, 04:53 PM
Mar 2014

For all intents & purposes.

Mom & Dad are on the hook for her school tuition (based on the contract), but nothing else.

pnwmom

(108,980 posts)
145. The law seems ambiguous in NJ. And if the college funds were in an account in her name
Tue Mar 4, 2014, 04:57 PM
Mar 2014

either a UGM account of a UGM/529 (converted) account, then they can only be spent on her.

New Jersey

Duty to provide college support

If the child is continuing education or any other reason as determined by the court.

Newburgh v. Newburgh, 88 N.J. 529, 443 A.2d 1031 (1982) held that the court has jurisdiction to award a payment of support and expenses of a child attending college even though the child has reached the age of majority.

Age of majority

The age of majority is 18 years old; however attaining this age does not automatically emancipate the child


N.J. Rev. Stat. §2A:4-30.65; N.J. Rev. Stat. Ann. §9:17B-3; N.J. Rev. Stat. Ann. §2A:34-23; See NJ Child Support Guidlines link Appendix IX-A, 24 & 25.

WolverineDG

(22,298 posts)
168. It is not ambiguous
Tue Mar 4, 2014, 08:03 PM
Mar 2014

you're applying child support statutes to a case in which the young woman's parents are not divorced. They are written this way so that parents paying support continue to pay it while the former child is still in school & otherwise not available for full time employment to support themselves. In such cases, the child support obligation ends on the first day of the month of the month after the 18 year old graduates from high school.

But don't mind me. I've only drafted more child support orders than I care to count.

pnwmom

(108,980 posts)
171. I'm talking about the second law, not the first.
Tue Mar 4, 2014, 08:48 PM
Mar 2014

Also, some of the news reports quote other attorneys who say that it's not clear how the judge will rule. So I guess we will see.

Sarah Ibarruri

(21,043 posts)
169. You have not yet read the website for the NJ 529 college tuition savings plan. It's an asset.
Tue Mar 4, 2014, 08:11 PM
Mar 2014

An asset that belongs to the parents unless they decide to assign it to her.

pnwmom

(108,980 posts)
172. But if they started out with a UGM account and then took those funds
Tue Mar 4, 2014, 08:49 PM
Mar 2014

and transferred them to a 529, as many parents did, then the account would still be one of her assets, not theirs. They couldn't turn it into their asset by switching to a 529.

Sarah Ibarruri

(21,043 posts)
176. Your situation might be considerably different, different state. Here's the withdrawal form for NJ
Tue Mar 4, 2014, 09:34 PM
Mar 2014
https://www.njbest.com/pdfs/529NJ_WFWD.pdf

It requires the name of the account owner, as well as his signature.

defacto7

(13,485 posts)
115. The whole thing seems
Tue Mar 4, 2014, 03:44 PM
Mar 2014

to stem from raging wills on both sides. It's a little bit inborn but mostly it's learned. The parents have an absolute standard and the child has learned to have their own absolute positions. Neither has the ability to find common ground. Parents have to know that once a kid gets to a certain age usually well below 18 that they have to start a process of letting go and hopefully the child will have leaned how to make good decisions. But if not, eventually they have to let go anyway. Life goes on and what a parent once was able to guide eventually ends. One thing is likely... If a parent takes absolute control without lenience or respect, the child will grow to be resentful with no respect.

BTW, money really has nothing to do with any of it; that's just a prop.

TDale313

(7,820 posts)
128. I don't know how the legalities will play out...
Tue Mar 4, 2014, 04:28 PM
Mar 2014

But I will go on record saying I think cutting off your kid on their 18th birthday, even refusing to honor existing obligations to the high school, and basically severing any relationship? Pulling the rug out from under her in her senior year, when the long term plan had obviously been to fund her college? Especially when the biggest issue appears to be "We don't like your boyfriend"? Pretty crappy thing to do. They may be legally allowed, but frankly, I think it's a mistake on their part, one they're likely to regret. There's a good chance that any relationship is over.

pnwmom

(108,980 posts)
132. And it's so short-sighted. What did they think was going to happen as soon as she got to college?
Tue Mar 4, 2014, 04:32 PM
Mar 2014

Did they think she'd go off to college and only date boys they approve of?

I think they should have been working to strengthen the lines of communication instead of trying to assert last-minute control and driving her away.

 

magical thyme

(14,881 posts)
130. Happy Birthday. Get out.
Tue Mar 4, 2014, 04:31 PM
Mar 2014

Nice.

It's one thing for a kid to grow up with the understanding that once they're finished high school they're expected to move out. Or that once they're legally old enough to sign a contract, they're on their own.

It's quite another to pull the run out from under them to try to make sure they can't finish h.s.

Not to mention, giving 2 days notice.

OTOH, at least her parents didn't do what mine did. Start going away for weekends and leaving me locked out in the street when I was 14.



I wonder what horrible crime she committed that her parents thought that was somehow appropriate "punishment?" In my case, who the eff knows? Maybe my mother had a bad dream...she punished me for a week once because she dreamed I told her I hated her.

pnwmom

(108,980 posts)
142. Your experience obviously left you with compassion for others.
Tue Mar 4, 2014, 04:43 PM
Mar 2014

That doesn't always happen, sadly.

Supposedly she was using disrespectful language (though a teacher heard the mother using foul language yelling at her) and took things belonging to her sisters -- but the biggie seems to be that they didn't like the boyfriend.

wercal

(1,370 posts)
137. Cynical Possibility
Tue Mar 4, 2014, 04:37 PM
Mar 2014

This whole thing is an orchestrated stunt to get this girl enough publicity to get a spot on a reality TV show.

Maybe I'm taking too much cough syrup....

pnwmom

(108,980 posts)
147. So you can rule out the possibility that she was being truthful about physical abuse?
Tue Mar 4, 2014, 05:00 PM
Mar 2014

And emotional abuse, even though school personnel witnessed interactions that concerned them?
Based on her father, the retired cop's, claim that the social worker said she was "spoiled"?

By the way, CPS wouldn't be working too hard on the case, since she was about to turn 18 and was out of the house. They're stretched too thin to worry about cases that involve an adult and no ongoing risk.

kcr

(15,317 posts)
174. After a recent discussion we had on another issue
Tue Mar 4, 2014, 09:00 PM
Mar 2014

I'm not surprised you'd draw this conclusion. The fact a private wealthy Catholic high school called CPS on her parents is a big clue you're wrong.

Le Taz Hot

(22,271 posts)
175. #1 I don't remember you or the discussion,
Tue Mar 4, 2014, 09:08 PM
Mar 2014

so it seems you didn't make a significant impression and, #2 an opinion can't be wrong or right, it's opinion. Now, if I had stated it as fact, that may or may not be wrong. Glad I could clarify that for ya.

NaturalHigh

(12,778 posts)
177. I don't know enough about Rachel Canning to form an educated opinion.
Tue Mar 4, 2014, 10:19 PM
Mar 2014

I do know that my daughter will be eighteen this weekend, and she's still a kid. I can't imagine cutting off support.

 

msanthrope

(37,549 posts)
178. The mother is degenerate trash. The father is a filthy perv.
Wed Mar 5, 2014, 03:33 PM
Mar 2014

After reading the court filings in this case, in particular the statement of the mother, it's pretty apparent to me that this child is desperately ill, and is the victim of her parent's problems. her father's conduct towards her is reprehensible..... and the mother's enabling of the conduct... even covering for it.... is stomach churning.

I used to do juvenile justice..... And every bell, flag, and whistle is going off in my head.

MADem

(135,425 posts)
184. She's outta luck, it would seem. At least for now....
Thu Mar 6, 2014, 10:24 AM
Mar 2014
(Reuters) - A New Jersey student who says her parents abandoned her when she turned 18 lost a first round on Tuesday in the lawsuit she filed against them for school costs and living expenses, a case that could set a precedent for a family's obligation to support a child who has left home.

A family court judge denied a request by Rachel Canning of Lincoln Park, New Jersey, to have her parents temporarily resume paying her tuition and living expenses. He set another hearing date for next month.

Canning, 18, wants her parents to pay the remaining $5,000 in tuition owed to the Morris Catholic High School, where she is a senior, and she wants access to a college fund that was set up for her.

The cheerleader and lacrosse player claims her parents kicked her out of the house in November 2013 after she turned 18, the age of legal adulthood. She wound up living with a friend's family, she said, and the upheaval has jeopardized her educational future....Her parents, Sean and Elizabeth Canning, said their daughter left home voluntarily, telling the court that she had severe behavioral problems, including underage drinking, and had been suspended from school.

In court papers, they said she did not want to follow the rules of the house
that included doing chores and a curfew....



http://www.reuters.com/article/2014/03/05/us-usa-familyfeud-newjersey-idUSBREA2401C20140305
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