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According to the article, college isn't considered a privilege in the state of NJ as far as dependency is concerned.
Another important issue that isn't mentioned in the article is that there are college funds that are strictly for use of the children they are designated for. They're protected by law for the named child. If she has that type of college fund, and it sounds like she does since her parents say it's available and hasn't been redirected, she has every right to that college fund under federal law.
Even if she's a spoiled brat, I support this lawsuit. I've seen too many parents kick their children out of the house at 18 prior to graduating high school, which is against the law in my state. One child lived with me and broke his hand. His mother never paid the remaining bills for the surgery and physical therapy. Her health insurance paid for it (fortunately state law prohibited her from dropping him from her insurance until the next enrollment period), but she refused to pay the copays and deductible---sending them to him and telling him he had to pay them. According to our state, that was against the law because he had not graduated high school.
Sadly, parents get away with this crap because most children don't know how to file a lawsuit or they fear doing it (because they fear their parents) even when adults offer to help them file.
MC33433, they're not saying she's emancipated. They are saying she's nonemancipated and dependent. Since federal law requires parents income for financial aid consideration until the age of 24, even the federal government considers children to be dependents until the age of 24.
This girl has a strong lawsuit.
UTMA/UGMA's become the childs at age 18 or 21 depending on the state/account, but if it is a 529, it is NOT the child's account. It belongs to whomever opened the account, parents, grandparents, etc. and they can change the beneficiary on that account if they want.
Quote:
Originally Posted by Smooth23
Are you still under the impression that there is some sort of 'permanent record'?
Are you under the impression that there is not? There most certainly is a "permanent" record that follows a child from grade to grade, school to school and even into college when a student's information is sent from the guidance office...
having seen these actual files in person, I know they are there....
Sounds spoiled but I hope she wins. I know too many people that got screwed over by their parents' promises. Oops you are 18 now, guess we'll use that college fund for a new car and a vacation. Happened to my fiance.
It was never your fiance's money. The money belonged to the parents and they could spend it however they saw sit.
Young folks love all the freedom of being able to say "I'm 18 and you can't stop me" when it comes to something they want to do. However, they forget all of that when they are forced to deal with the reality that being an adult means more than stay out late or doing foolish stuff.
If you want to be grown, then be grown. Take care of your full life including the financial responsibilities.
ETA:
I read this passage from the article. Does this mean really old children (over 21) could claim to not be emancipated? What's the legal definition of "on their own" if the young person is not working or does not have a permanent place to live?
Quote:
"A child is not emancipated until they're on their own," Simon said. "Even if
a child and the parents don't get along, that doesn't relieve the parents of
their responsibility." Laufer noted that under New Jersey law, a child can still
be declared nonemancipated even if there is a hiatus between high school
graduation and college.
Sounds like it all started with a difference in opinion with her parents over a boyfriend... Whose father happens to be a lawyer...
I agree it's all over the boyfriend, but the lawyer is the dad of her best friend who isn't likely the boyfriend. Surprisingly he's not her lawyer in this case.
Anyway, this is one heck of a way to get back at parents over a disagreement. $12k+ in lawyer fees already.
UTMA/UGMA's become the childs at age 18 or 21 depending on the state/account, but if it is a 529, it is NOT the child's account. It belongs to whomever opened the account, parents, grandparents, etc. and they can change the beneficiary on that account if they want.
I'm aware. I suspect it's a UTMA/UGMA since the parents are insisting the money is available for her and they have not redirected the funds.
I will withhold judgement until all the facts are in. There is a possibility the parents are overly controlling, but just as strong a possibility that the daughter is indeed, a rebellious brat who wants her freedom while leaving her parents on the hook for the resulting bills. The only thing I'd agree with at this point is that the parents should pay the high school tuition bill.
I do have a close friend in NJ who was ordered to pay the (private) college tuition and living expenses of his estranged son. Six years later this kid was still in school, and on frequent academic probation. The judge told him to grow up and take responsibility for his own life.
I'm making college optional for my kids. I'm not gonna force them to go and if they want to go they have to earn it. I can front some costs but they will have to pay me back.
More important they set goals before they chose to go to school then just mindlessly go to college and waste all that money and time there.
This is an interesting situation. So often we hear "Throw the kid out once he turns 18" or "Once the kid is 18 you are no longer responsible". apparently this is not true. Brings issues of emancipation some of us may not have thought of. Of course there is always he other side of the story.
I understand that there might be issues of emancipation for the young woman until she graduates from high school this spring. Your obligation to support your children extends past age 18 if the child has not yet graduated from high school and is a high school student (in some states). Regardless of whether the child is a pain in the neck parents are still obligated to support her. If these other adults are allowing the child to live with them against the will of her parents, the parents should file their own lawsuit to get their child back.
What I absolutely do not understand is how her parents can be forced by a court to pay for her college education.
Seems like should should move back home if she wants her bills paid.
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