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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.
The girl sounds like a spoiled brat that isn't getting her way. I doubt this will go anywhere in court as legally she is an adult and she chose to move out....
She can act like the adult she wants to be and get a job, get an apartment, pay her bills, including her own way through school....
Sounds like it all started with a difference in opinion with her parents over a boyfriend... Whose father happens to be a lawyer...
I think the parents should pay the debt to the high school she attended. After all, they likely chose that high school for her to attend while she was a minor.
As for college? That is a priviledge, not a right, and I see no basis to her lawsuit. Additionally, if she truly is emancipated/independent then she should qualify for a lot of financial aid.
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.
Without knowing all the facts it's hard to say but it sounds like she will not be found emancipated. Her parents are most likely on the hook for the outstanding tuition as well. Very interesting case. NJ courts are not likely to let the parents completely default on their obligation to provide an education.
According to the article, college isn't considered a privilege in the state of NJ as far as dependency is concerned.
I would think going to an expensive college is still a privilege? Can she not attend community college?
There wasn't enough information to say whether she is emancipated or not. It seemed like he said/ she said. I would think the lawyer would work on emancipation as a next step if that wasn't the case.
It will be interesting to see how a judge interprets the case.
I'm surprised that any college with a reputable biomed engineering program would even consider her since she's been twice suspended from school. That's a huge red flag that says something is amiss in either her character or developmental maturity.
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.
I'm surprised that any college with a reputable biomed engineering program would even consider her since she's been twice suspended from school. That's a huge red flag that says something is amiss in either her character or developmental maturity.
Are you still under the impression that there is some sort of 'permanent record'?
I would think going to an expensive college is still a privilege? Can she not attend community college?
Many people are unaware that it's often cheaper to attend private colleges because there's more financial aid and scholarships available. It doesn't really matter because it's not like the parents were paying for her to community college prior to this lawsuit. They weren't planning to pay for her to go anywhere. If there's a large college fund in her name, she does have a right to use that money and it would probably be considered punitive to send her to community college. All of that money in the college fund can only be used for her if that's the type of college fund that it is.
Quote:
Originally Posted by mc33433
There wasn't enough information to say whether she is emancipated or not. It seemed like he said/ she said. I would think the lawyer would work on emancipation as a next step if that wasn't the case.
They are filing for her to be nonemancipated and dependent. Her parents can't say she was emancipated because it happened before she graduated high school. To qualify for emancipation, you have to be able to prove you can support yourself. She's living at a friend's house. Someone else's parents supported her. NJ state law requires child support when a child continues education (college) and the daughter wasn't even done with high school. Even if she walked out that door on her own, her parents still have a responsibility and that college fund should still be available to her. Her parents know this. That's why they are saying the college fund is available and hasn't been redirected. It's very clear they were not making it available prior to her filing a lawsuit.
Quote:
Originally Posted by mc33433
It will be interesting to see how a judge interprets the case.
I agree.
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