Student Sues Parents for College Aid

[SGOS]

This seems really weird to me.  I don't think she has a case, but who knows.

http://www.nbcnews.com/news/education/n ... aid-n43826

A northern New Jersey honor student who claims her parents threw her out of their home when she turned 18 late last year is now suing them.

Morris Catholic High School senior Rachel Canning filed her lawsuit last week, according to the Daily Record of Parsippany.Canning is seeking immediate financial support and wants to force her parents to pay for her college education. She also wants a judge to declare that she's non-emancipated and dependent as a student on her parents for support.  A hearing in the case is scheduled for Tuesday.

Canning's father, retired Lincoln Park Police Chief Sean Canning, told the newspaper that his daughter's claims are not accurate. He says she voluntarily left home in October because she didn't want to abide by reasonable household rules, such as being respectful, keeping a curfew and doing some chores.

"We love our child and miss her. This is terrible. It's killing me and my wife. We have a child we want home. We're not draconian and now we're getting hauled into court," Sean Canning said. "She's demanding that we pay her bills but she doesn't want to live at home, and she's saying 'I don't want to live under your rules.'"

In recent months, Rachel Canning has been living in Rockaway Township with the family of her best friend. The newspaper reports the friend's father, former Morris County Freeholder John Inglesino, is funding the lawsuit and hired the attorney who is representing Rachel Canning.

[Jason78]

I read about that.   I hope she wins.

[GrinningYMIR]

Indeed

[Moriarty]

I don't understand why anyone hopes she would win. In the quoted part of the article it clearly says he is retired which means there is most likely a fixed income. I'm as liberal as the next person, maybe more but if she didn't want to live under their roof and rules she made her choice.

Not to mention there are plenty of ways in the U.S. to afford a University education that don't include mommy and daddy such as combination of grants and student loans.

[Moralnihilist]

This seems really weird to me.  I don't think she has a case, but who knows.

http://www.nbcnews.com/news/education/n ... aid-n43826

A northern New Jersey honor student who claims her parents threw her out of their home when she turned 18 late last year is now suing them.

Morris Catholic High School senior Rachel Canning filed her lawsuit last week, according to the Daily Record of Parsippany.Canning is seeking immediate financial support and wants to force her parents to pay for her college education. She also wants a judge to declare that she's non-emancipated and dependent as a student on her parents for support.  A hearing in the case is scheduled for Tuesday.

Canning's father, retired Lincoln Park Police Chief Sean Canning, told the newspaper that his daughter's claims are not accurate. He says she voluntarily left home in October because she didn't want to abide by reasonable household rules, such as being respectful, keeping a curfew and doing some chores.

"We love our child and miss her. This is terrible. It's killing me and my wife. We have a child we want home. We're not draconian and now we're getting hauled into court," Sean Canning said. "She's demanding that we pay her bills but she doesn't want to live at home, and she's saying 'I don't want to live under your rules.'"

In recent months, Rachel Canning has been living in Rockaway Township with the family of her best friend. The newspaper reports the friend's father, former Morris County Freeholder John Inglesino, is funding the lawsuit and hired the attorney who is representing Rachel Canning.

Non-emancipated? Legally she is a fucking adult. I seriously hope the judge gives this "adult" a serious reality check. At 18, I know this will come as a big shock to a lot of people, your parents don't owe you shit. They have done their part. You have been raised and, if your parents truly cared about you, given the necessary skills to look after yourself. Seriously if the judge caves to this bullshit, I will have lost all faith in humanities ability to succeed.

[Youssuf Ramadan]

As far as I'm concerned, she is an adult and has the responsibilities that come with it.  However, I suspect that she will be able to claim something from her parents, given that parents are required to support offspring at college if they are above a certain financial threshold, even if it's a small amount.  That's the way is works here in Britain, anyway.

It sounds like she wants independence, but not financial independence....

[SGOS]

The article comes from MSN, which typically provides unusually scant amounts of information, so I'm thinking we are missing something very important.  I've never heard of a law that requires parent's to pay for children's college.  Support maybe, but not college.  

The guy that is funding this, to the tune of $12,000 so far, is a lawyer if I read it right (actually from another article).  He must think he's going to win and is asking the court to force the girl's parents to pay his legal fees.
It suggests he knows something.  Are they still declaring the girl as a dependent on their taxes?  Did they throw her out and endanger her?  

What's missing is the girls version of the story.  I expect it to be settled (or not settled) out of court, and we will never know the ending.

[Jason78]

As far as I'm concerned, she is an adult and has the responsibilities that come with it.  However, I suspect that she will be able to claim something from her parents, given that parents are required to support offspring at college if they are above a certain financial threshold, even if it's a small amount.  That's the way is works here in Britain, anyway.

Uhh.... since when?  Last time I checked you pay your own uni fees out of a loan in your own name.

[The Skeletal Atheist]

I read about that.   I hope she wins.

Agreed. I hope she gets it.

Honestly wondering what factors are making you hope she wins.

Not to criticize you or anything, but I don't see any legal reason for her parents to be forced to provide anything to her now that she's over 18.

In the US once you are 18 you are legally an adult. Your parents aren't legally required to provide anything to you beyond that point. They can kick you out and leave you homeless on the streets if they so wish.

Do you have any knowledge of mitigating factors that make her case different from the thousands of kids who are thrown out to be on their own every year? If not then I can see no reason she should win.

There is more to this story. You don't throw your honour student kid out, because she doesn't obey curfews.

The fact that she was an honor student says literally nothing about her behavior at home. Being an honor student may indicate that she's more likely to be some kind of angel at home, but she could of just as easily been a little shit at home. Regardless, her behavior when she was at home has no bearing on the legality of the situation.


The information is fairly scant, so I'm not seeing any mitigating factors. If such factors exist I'd like to see them, but until then I can't see why she should win the case.

[Hijiri Byakuren]

I hope she wins. My reasoning boils down to this:
[spoil:306zt32a][/spoil:306zt32a]

[Deidre32]

Another spoiled brat in the news.
She is an insult to kids who put themselves through college or take out loans and would never think of suing their parents.

She'll be hilarious when she doesn't get her own way at her employer, someday.

Meanwhile there are kids in third world countries who have to work hard labor jobs to help put food on the table for their whole family, and they'll never have a chance at a college education.

[aileron]

Not to criticize you or anything, but I don't see any legal reason for her parents to be forced to provide anything to her now that she's over 18.

Most states require parents to provide for their children until age 18 and either graduating from high school or dropping out of high school.

Since she is still attending high school, her parents will lose on that issue as a matter of law.  Even if over 18, it is illegal to end support for her as long as she's in high school (unless NJ is different than most states, but probably not).

There's no law requiring parents to pay for a college education, and if she has a case there at all it would be in equity not in law.  I can't imagine what circumstances would be present to have an equity judgement in her favor unless she's an abused child or something like that.

[Gawdzilla Sama]

...she didn't want to abide by reasonable household rules, such as being respectful, keeping a curfew and doing some chores.

Sell your pussy on the street then.

[SGOS]

Regardless, her behavior when she was at home has no bearing on the legality of the situation.

Nor does being an honor student.  When I read the article I kept wondering why being an honor student was relevant to the case.  It's in the text and it's a part of the headline, but I don't see how that affects legality.  From what I understand, after a person turns 18, parents are not legally responsible for supporting them.  It's exactly the same as if they were 35.

Most, but hardly all, parents continue to supply financial assistance to their children through college.  And in turn, most students offer gratitude to their parents.  But I don't think either the financial assistance or the child's gratitude is a legal obligation.

[Moriarty]

Regardless, her behavior when she was at home has no bearing on the legality of the situation.

Nor does being an honor student.  When I read the article I kept wondering why being an honor student was relevant to the case.  It's in the text and it's a part of the headline, but I don't see how that affects legality.  From what I understand, after a person turns 18, parents are not legally responsible for supporting them.  It's exactly the same as if they were 35.

Most, but hardly all, parents continue to supply financial assistance to their children through college.  And in turn, most students offer gratitude to their parents.  But I don't think either the financial assistance or the child's gratitude is a legal obligation.

Well, I don't know how this relates legally but let me tell you..............As someone that has to pay $348 a month to some bitch he no longer lives, I know for a fact that the child support ends at 18..........UNLESS they decide to attend college, in which case it continues to 21. Here in Michigan anyway, according to my attorney. Never thought I'd root for my kids to be stupid...........haha j/k.