Teen moves out, sues parents for college and living expenses

[Flossie]

18 year old Rachel Canning is an honor student at a local private high school, and is suing her parents for high school tuition, living expenses, legal expenses, and future college expenses after she left the family home last year over several disputes. Her father Sean, is a former police chief in Lincoln Park, N.J., and she has moved in with her best friend, whose father is an attorney and Morris County Freeholder John Inglesino.

If Rachel left voluntarily, I wonder if her parents are on the hook for any of the money she wants, but apparently it's possible that they could be forced to pay. If Rachel was tossed out or removed due to abuse, I could see her parents having to at least have to pay for her education and pay her host family a monthly fee for her upkeep. The girl did try to claim abuse (backed up by a a teacher who witnessed the teen and her mother engaged in a "rough conversation that ended in a nasty way."). However, Sean Canning claims a Division of Child Protection and Permanency representative visited the family home and found Rachel was a “spoiled†and petulant child and ended the investigation.

I guess time will tell, but I wonder if at least some of the problem here is a pissing match between Rachel's father and John Inglesino - just a thought because both men must have worked together when Rachel's father was police chief.

http://newyork.cbslocal.com/2014/03/03/ ... ege-money/

MORRIS PLAINS, N.J. (CBSNewYork) — A bitter family battle was playing out in a New Jersey courtroom Monday, as an 18-year-old student has sued her parents claiming they kicked her out and demanded she pay for her own college education.

As CBS 2’s Christine Sloan reported, Rachel Canning’s parents could not believe it.

“We’re being sued by our child,†said Sean Canning, a former police chief in Lincoln Park, N.J. “I’m dumbfounded, so is my wife, so are my other daughters.â€

Rachel Canning is a cheerleader and an honor student at Morris Catholic High School in nearby Denville.

In court papers, she alleged her parents abandoned her when she turned 18 and have now refused to pay for her to go to college – even though she has received acceptance letters from several universities.

But her father told a different story.

“I know Rachel is a) a good kid, b) an incredibly rebellious teen, and she’s getting some terrible information,†Sean Canning said.

He claimed Rachel ran away from home in November because she did not want to follow house rules.

“Living in our house there – there’s very [few] rules,†he said. “There’s minor chores. There’s curfews – when I say curfew, it’s usually after 11 o’clock at night.â€

Rachel did not want to be interviewed Monday. She is staying with the family of her best friend – which includes attorney and Morris County Freeholder John Inglesino.

Inglesino is funding the lawsuit, telling CBS 2 News it is the only way the bright and focused teen will be able to go to a college appropriate for her to become a biomedical engineer.

Rachel, who has a $20,000 scholarship, said the University of Vermont – a private college – is her first choice.

But Sean Canning said he is not refusing to pay for her college education.

“I reject the whole question on that — the whole premise,†he said. “We have a college fund that’s available to her – there’s no doubt about that. But it’s the equivalent … of going shopping at a high-end store and sending somebody the bill.â€

Rachel has said she did not run away, but was given the option of dumping her boyfriend or getting out.

“Me and my wife are distraught,†Sean Canning said.

Both sides will be in court Tuesday. Rachel Canning wants the court not to emancipate her, because under the law, a parent has an obligation to support any child who cannot stand on his or her own financially.

Rachel also said every piece of financial paperwork she fills out asks her that question and shows she clearly doesn’t have the means to support herself.

Inglesino said he has spent more than $12,000 on the lawsuit because he wants Rachel to have a great future.

Sean Canning said Inglesino is just butting in where he shouldn’t and is influencing Rachel inappropriately.

http://www.nydailynews.com/news/nationa ... -1.1709440

New Jersey honor student sues parents for school fees after they cut her off at age 18

Rachel Canning, 18, claims her parents, Sean and Elizabeth Canning, threw her out of their Lincoln Park, N.J., home last year and stopped paying for her private high school, where she excelled as a cheerleader and lacrosse player. But Sean Canning says Rachel left voluntarily after she refused to abide by simple rules of the house.

An 18-year-old New Jersey honor student and cheerleader has been tossed from her parents’ Lincoln Park home, but demands that her mother and father continue to pay her private high school and impending college costs — as well as her mounting lawyer fees, according to her lawsuit.

Rachel Canning claims she’s been out of her parents’ home since her 18th birthday, Nov. 1, after her parents vowed to cut her off “from all support both financially and emotionally.â€

But Sean and Elizabeth Canning say their “spoiled†college-bound daughter doesn’t live by their house rules and left the home because she didn’t like the law of the land — overseen by her father, a former Lincoln Park police chief.

The Morris Catholic High School senior and lacrosse player instead has lived at the Rockaway, N.J., home of a classmate, whose father, John Inglesino, has foot the bill for the suit.

“My parents have rationalized their actions by blaming me for not following their rules,†Rachel said in her court papers, according to The Daily Record of Morristown, N.J. “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.â€

Canning filed suit last week and is scheduled to appear with her attorney, Tanya Helfand, at 3 p.m. Tuesday in Morristown Family Court.

The teen will demand her parents pay a Morris Catholic tuition bill of $5,306 as well as $12,597 in accrued legal fees.

And the accomplished student, who has been accepted to several colleges, wants her parents, Sean and Elizabeth Canning, to pay her secondary schooling costs.

The unique suit could stand a chance because of a New Jersey court decision that found young adults can be dependent on their parents beyond their 18th birthday, long considered the age a person is legally an independent adult.

“A child’s admittance and attendance at college will overcome the rebuttable presumption that a child may be emancipated at age 18,†the decision found, The Daily Record reported.

Rather, it comes down to “a face-sensitive analysis that looks at whether the child has moved beyond the sphere of influence and responsibility exercised by a parent and has obtained an independent status of his or her own,†Helfand, the teen’s attorney, writes in her court papers.

Further complicating the matter is Rachel Canning’s allegation of domestic abuse last October and a teacher who witnessed the teen and her mother engaged in a rough conversation that ended in a nasty way.

But Sean Canning, furious that the family feud has reached the courts, claims a Division of Child Protection and Permanency representative visited the family home and found Rachel was a “spoiled†and petulant child and ended the investigation, The Daily Record reported.

Sean Canning says the athletic, brainy teen refused to follow the rules of his home, like being respectful, doing chores, coming home by curfew and breaking off a relationship with a boyfriend the parents dislike.

“We love our child and miss her. This is terrible. It’s killing me and my wife. We have a child we want home,†Sean Canning told the newspaper. “We’re not Draconian and now we’re getting hauled into court. She’s demanding that we pay her bills but she doesn’t want to live at home and she’s saying, ‘I don’t want to live under your rules.’â€

The family, in court documents, instead contends Rachel Canning “emancipated†herself from her parents by voluntarily moving out, thus freeing the parents from the responsibility of paying her bills.

“We’re heartbroken, but what do you do when a child says ‘I don’t want your rules but I want everything under the sun and you to pay for it?’†Canning told The Daily Record.

[Arete]

I am curious how the court will rule today.

Kid sounds extremely entitled, but let's see what evidence the court gets about her parents. It smells though, it smells mightily.

[doggie]

Yes I read this nothing like destroying you relationship other your parents. I can see if they had some kind of account setup for her college an used it but other then that she is an adult.

[Mama Mia]

Wow, how can there even be a case? Do they live in a state where 18 isn't the age of adulthood? And how on earth could her parents be forced to pay for her college?

Boy, and I thought a couple of my kids at that age were overly entitled and demanding!

[keen23]

Wow, how can there even be a case? Do they live in a state where 18 isn't the age of adulthood? And how on earth could her parents be forced to pay for her college?

Boy, and I thought a couple of my kids at that age were overly entitled and demanding!

Some states (not all) require child support payments up until age 24, provided that the child is enrolled in some type of accredited educational institution. I can't see why this would be any different. It makes sense to me, that if this state would require a non custodial parent to provide child support under a similar situation, the parents should be required to pay for the child's schooling even if they don't want to do so. Even the IRS allows parents to claim their adult children as dependents up to age 24, provided guidelines are followed.

[1004srs]

She sounds like a spoiled, entitled woman. Awful.......

If my kids move out before they finish high school, my support ends. Financial and emotional.

[Mela99]

My lawyer opinion is that she will not succeed on this motion.

My human opinion is that she's an entitled little shit who needs a slap upside the head.

[thekate]

UVM is not a private college. http://www.uvm.edu/

(I know it's not relevant to the issue, but it bugged me.)

[Stephanie66]

She is currently in a private high school. I believe this is what she is suing over, as well as a college trust fund. She moved out at 18 because she didn't want to follow her parents' rules. She moved in with a friend's family, who are actually the ones who filed the lawsuit.

I think the parents would be liable for her tuition at school, as they likely signed a contract. However, her food, shelter and living expenses? No. She moved out. Her college fund should be used for her college expenses, but she can work like everyone else for the rest.

[stacyf]

Some states (not all) require child support payments up until age 24, provided that the child is enrolled in some type of accredited educational institution.

This, I have never understood this. At 18 I was an adult, my parents were middle class but in no way could they afford to send me to college and it was not their responsibility to do so. I got off my butt went to Community College for two years while I worked and then transferred to a state school got an engineering degree and paid my student loans all by myself because this is what grown adults do. My parents were awesome parents and still are, married 48 years and still working the farm together. If they had divorced why would my father and/or mother then be responsible for my schooling past high school, this makes no sense and grows a bunch of children that behave like this spoiled brat.

[NotALoserLikeYou]

The judge threw it out today.

Which makes me happy.

[NotALoserLikeYou]

nj.com/morris/index.ssf/2014/03/judge_issues_ruling_in_teens_suit_against_parents.html

A Superior Court judge today refused to order a Lincoln Park couple to pay private school and college tuition for their 18-year-old daughter who moved out of their house and is suing for financial support

Her lawyer:

"Normal, healthy people want to help their children," Helfand said. "The Cannings simply don’t want to pay. They want to strip their daughter of her opportunities."

Parents lawyer:

If Rachel was granted her emergency order, "other young women will say to their parents, ‘I’m going to live with my boyfriend, no matter what you say, but you’ll still have to pay for my college,’" Rush-Masuret said.

The parents have no obligation to pay child support or their daughter’ private school tuition, Rush-Masuret argued, adding that they don’t want to pay her college tuition because they weren’t consulted about the applications.

However, she said, the parents will continue to pay Rachel’s health insurance and said she is also entitled to money in a college fund, which would pay part of her expenses.

Daughters behavior:

Rachel and her boyfriend both had two-day suspensions from school, and Bogaard said he thought it had resulted from her "vulgar postings" on social media about her parents.

Helfand disagreed, saying the punishment was because Rachel had "tweeted" about people causing her problems at school and because she and her boyfriend both skipped classes one day so she could help him with college applications.

Bogaard cited a vulgar voice mail left by Rachel for her mother. "Have you ever seen a child show such gross disrespect for a parent?" he asked. "Is there a point at which a parent can say they don’t have to pay for college?"

The judge also cited certifications submitted by the Sean and Elizabeth Canning about their daughter’s alleged history of staying out and drinking during the week. Once, he said, she was driven home by her boyfriend’s parents at 3 a.m.

In addition, Bogaard said, Rachel was removed from her position as captain of the cheerleading squad and from the campus ministry.

[Stephanie66]

This, I have never understood this. At 18 I was an adult, my parents were middle class but in no way could they afford to send me to college and it was not their responsibility to do so. I got off my butt went to Community College for two years while I worked and then transferred to a state school got an engineering degree and paid my student loans all by myself because this is what grown adults do. My parents were awesome parents and still are, married 48 years and still working the farm together. If they had divorced why would my father and/or mother then be responsible for my schooling past high school, this makes no sense and grows a bunch of children that behave like this spoiled brat.

I agree it makes no sense, but when I got divorced, I was ordered to provide health insurance coverage for my kid.

[O Latin]

I have only read the two articles posted above and that is all I know about this story, but is it possible she's actually telling the truth and her parents are the ones who are lying? I don't think that's the case but I did know people whose parents tossed them out at 18 despite the fact that they lacked ANY skills to survive on their own.

[doggie]

if she is spoiled rotten then who is at fault? I can see some of the rules but telling her who she can date is not something they can tell a 18 year old.

[Arete]

There was a hearing for emergency relief today. The judge refused to order the parents to pay her high school tuition, on the grounds that the school is allowing her to finish the year, therefore no emergency exists. Today's hearing was only to cover the high school tuition question.

They will be back in court on April 22 to hash out the question of the college tuition.

[Arete]

I have only read the two articles posted above and that is all I know about this story, but is it possible she's actually telling the truth and her parents are the ones who are lying? I don't think that's the case but I did know people whose parents tossed them out at 18 despite the fact that they lacked ANY skills to survive on their own.

At the hearing today it was established she left voluntarily, her parents did not ask her to leave.

[SoybeanQueen]

if she is spoiled rotten then who is at fault? I can see some of the rules but telling her who she can date is not something they can tell a 18 year old.

Agree on the spoiled part. I disagree that they can't tell her who to date, though. If she's an 18 year old high school student living in her parents' house, then yeah, she has to abide by their rules, including appropriateness of dates. As an 18 year old, of course, it's then her right to move out if she no longer wishes to follow the rules. Moving out means the money train stops. Either she wants adult freedom, or she doesn't.

If her new guardians had any sense, they'd have told her to enroll at the closest public school instead of racking up tuition bills she can't afford to pay. Or use all of that attorney money and court costs to pay the damn bill for the school. Ugh.

Not a lawyer, so I may be way off base, but I suspect the college funds in her name should stay with her, but I can't imagine a judge would set the precedent that parents are *required* to pay for college beyond that. Plenty of people get through college with no parental financial support. And, for that matter, plenty of people leave home at 18 without demanding their parents pay for everything. She does sound like an awful brat, but I'm curious why the friend's parents are indulging her in the lawsuit mess.

[doggie]

Trying to tell a teen who to date is one of the largest mistakes a parent can make. It is sure to backfire and drive them deeper into the relationship.

[miffy]

This reminds me of a girl I knew as a teenager who thought her parents were being awful because they didn't want her out with her older BF on school nights. At one point she was talking about emancipation so she could get a small living allowance from the government. But she was a triplet so her lies would have either ruined her family or it wouldn't have happened because her two sisters said everything was fine at home. She ended up moving in with her BF & his mother (who supported them both!)

[itsnikki05]

Yeah, even my 6 year old has chores, and she does them! What makes her think she could live under their roof and not follow their rules? Entitled much?

[Khan]

Another spoiled little princess giving Jersey a bad name. Somebody find a clue by four and give her a good tap.

My parents didn't pay jack shit towards my college. If a parent can afford to help and chooses to do so the child should do a happy dance.

What are the people she is living with getting out of this? :shifty-kitty: t

[O Latin]

I am a big believer that any adult "children" living at home should follow the house rules and their rules sound reasonable, but I think it's rather douche-y of the parents to tell her to stop seeing her boyfriend. I think they're within their rights to do so, but unless there's something else going on (like he's mixed up in something illegal/dangerous/harmful and they're worried about her safety) I think it's pretty unfair to tell her to stop seeing someone just because they don't like him.

I think she's taken this way too far but I'm inclined to cut her a little slack because the period between turning 18 and graduating from high school is tough for some people. They're of legal age, but they aren't an adult the same way they will be once they start working/going to college/whatever even if they continue to live at home. My sister had a couple of friends who would periodically "move out," meaning they would come spend a couple of nights at our house until they had cooled off and were able to go talk things out with their parents.

[ADoyle90815]

Another spoiled little princess giving Jersey a bad name. Somebody find a clue by four and give her a good tap.

My parents didn't pay jack shit towards my college. If a parent can afford to help and chooses to do so the child should do a happy dance.

What are the people she is living with getting out of this? :shifty-kitty: t

Exactly. My parents did pay for my brother and I to go to college, but that's because they saved up for it, and made the choice to do so. We were in no way entitled to a college education, as the choice for us after high school graduation was to either become a full-time college student, or get a job.

[sparkles]

She may be an entitled little snot, but that attitude wasn't created in a vacuum. Somewhere between "she said" and "they said" lies the truth and there's probably more than enough blame to go around.

While I don't think parents automatically owe their kids a college education, I know that in our case, we considered it an honor and a privilege to pay the Sparklet's way. But it wasn't a free ride; she EARNED that gift. She graduated HS in the top 20 out of 450+ students, all honors and APs plus a lot of extracurricular activities and leadership positions. But even more importantly, she worked above and beyond her potential, which is far more important than just getting good grades (had she worked her ass off and been a C student because that was the best she was capable of, we still would have paid tuition. It's all about working up to one's individual potential.) So even though we had to go into--GASP!--debt to finance her tuition, we never hesitated for a second. Had she been an indifferent or lazy student and just coasted through her time in HS, there would have been a very different outcome. She would have had to finance her own education and prove herself in college before we would reconsider.

She's also been living on her own for almost three years and is self-supporting for the most part. She's a very hard worker, gets glowing reviews and client feedback, but living in Brooklyn ain't cheap and her expenses--pretty much cut to the bone--come very close to outweighing her income. She's actively looking for a better paying job and because we know she's no slacker, we help out a little bit. Again, we don't OWE her this; it's something we chose to do because of who she is. There's no entitlement on her part, just appreciation.