Lincoln Park Teen Sues Parents

http://shine.yahoo.com/parenting/nj-teen-sues-parents-for-cash-and-college-tuition-201404488.html

A New Jersey teenager claiming that her mother and father tossed her out of their home and cut her off financially is suing them for immediate support, current private-school fees and future college tuition. The parents, meanwhile, say that daughter Rachel Canning, 18, moved out voluntarily after refusing to abide by their rules.

“We love our child and miss her. This is terrible. It’s killing me and my wife,” Rachel's father, Sean Canning, a town administrator and retired police officer, tells the Daily Record. “We have a child we want home. 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.’” The rules, he notes, include reconsidering her relationship with a boyfriend who may be a bad influence, being respectful, and abiding by her curfew. He and his wife, Elizabeth, who live in suburban Lincoln Park, about 25 miles outside of New York City, have kept their daughter’s car because they paid for it, says Canning, and he admits that they did stop paying Rachel's tuition at the private Morris Catholic High School. A hearing is scheduled to take place on Tuesday in the Morris County Superior Court.

For months, Rachel — an honor student, cheerleader, and lacrosse player — has been living with the family of her best friend and classmate, Jaime Inglesino, whose father, attorney John Inglesino, is bankrolling Rachel’s lawsuit. He’s also requesting in the lawsuit that the Cannings reimburse him for the legal fees, so far totaling $12,597, according to the paper.

Rachel’s attorney, Tanya Helfand, is not taking calls as she prepares for Tuesday's hearing, her office tells Yahoo Shine. Rachel did not return a call from Yahoo Shine, and the Morris County court was closed on Monday due to inclement weather. But the Daily Record reports that, in the suit, Rachel alleges that her parents decided to cut her off “from all support both financially and emotionally” as of her 18th birthday, which was November 1. Her suit also demands the following of the Cannings: that they take care of an outstanding $5,306 Morris Catholic tuition bill; pay their daughter’s current living and transportation expenses; and free up her existing college fund, as she’s already been accepted to several universities.

It’s not unheard of for youngsters to take legal action against their parents for various offenses — from a pregnant Texas teen who sued her parents for allegedly pressuring her to get an abortion, to a pair of Illinois siblings in their 20s who sued their mom (unsuccessfully) for bad mothering. Even so, the Canning case is an extremely unusual one, according to experts in family law. That’s because similar suits typically involve either a divorce situation, with parents disagreeing on a child’s financial support, or a fight for emancipation, in which a teen is declared financially independent from parents.

“This young woman is actually saying, ‘I want the court to compel my parents to continue to support me financially. That’s what’s unique in this case,” Mary Coogan, assistant director of the nonprofit Advocates for Children of New Jersey, tells Yahoo Shine. “So this young lady is in a unique situation because it does become very fact-sensitive. There’s really no law directly on point.” What families in similar situations have done, in Coogan’s experience, is to file for what’s called a “family crisis petition,” in which the court will try to mediate an agreeable outcome between the parents and their child.

Talking the situation through would be a better route than a lawsuit, Kenneth Neumann, a New York divorce mediator and psychologist with the Center for Mediation & Training, tells Yahoo Shine. “We often use the legal system as a way to deal with disagreements when we should be using therapy or mediation,” he says, noting that Rachel’s case is “extremely rare,” and that he’s “not had a case like this in 30 years,” with the most unique angle being that the parents are not in disagreement. Unfortunately for Rachel, Neumann says, “I don’t think she has much of a case. This sounds like just another 18-year-old who got into a thing with her parents.”

Title change suggestion: "Adult". The proper word to describe the plaintiff is "adult".

Teen is also correct.

As a parent, my obligation to care for my offspring, legally, ends at 18yrs of age. If he plays nice, he is welcome to stay longer and continue to take advantage of the benefits of being part of our household. If he is not, he needs to pack his bags and be on his merry way (yeah I know easier said than done). I just don't think she has a leg to stand on except maybe, just maybe for the college fund if it is under her name.

The part I found most amazing is that her friend's father is bankrolling the case to the tune of over $12,000 so far.

Since the friend's father is an attorney - presumably, the $12k is sweat equity and not dollars out of his pocket,

RobB said:

Teen is also correct.

Yes, I know. But legally, she is an adult. That does matter.

Good thing this isn't a courtroom I guess.

Cutting off her high school funding is a little harsh regardless of what she did. Although 18, she is finishing her senior year in high school, for crying out loud. If I had a disagreement with my parents, nothing I could do would make them cut off high school tuition. Would they prefer she be a high-school drop-out and be even more of a financial burden in the future? She might very well have a case for compelling them to finish paying her high school. I don't think she has much leg to stand on for the college tuition though. Unless the funds for her college are in her name or specifically earmarked for her (529?)

ParticleMan said:

The part I found most amazing is that her friend's father is bacnkrolling hte case to the tune of over $12,000 so far.

Well, he's a founding partner of Inglesino, Wyciskala & Taylor, so I'm guessing that he's arranging for / doing pro bono work at this point with the intent of being reimbursed. Plus, it's good publicity for his firm.

mbaldwin said:

ParticleMan said:

The part I found most amazing is that her friend's father is bacnkrolling hte case to the tune of over $12,000 so far.

Well, he's a founding partner of Inglesino, Wyciskala & Taylor, so I'm guessing that he's arranging for / doing pro bono work at this point with the intent of being reimbursed. Plus, it's good publicity for his firm.

Read the story. Her attorney is Tanya Helfand of Helfand & Associates. Ingliesino appears to actually be paying the bills as his firm does not list family law as one of their specialties.

If the Court determines that the parents are on the hook for college tuition, do you think that there should also be an Order that she complete a post-secondary program?

newstead77 said:

Since the friend's father is an attorney - presumably, the $12k is sweat equity and not dollars out of his pocket,

mbaldwin said:

ParticleMan said:

The part I found most amazing is that her friend's father is bacnkrolling hte case to the tune of over $12,000 so far.

Well, he's a founding partner of Inglesino, Wyciskala & Taylor, so I'm guessing that he's arranging for / doing pro bono work at this point with the intent of being reimbursed. Plus, it's good publicity for his firm.

Except that the girls attorney, who is named in the article, does not appear to be a member of the friend's father's firm.

Interestingly, Helfnad is a divorce/matrimonial attorney.

As far as I know children are emancipated at 18 years of age. But since she is still in high school I think the parents should be paying her private school tuition. If the college fund is in her name, it is her money. If the car title is in her name, she owns the car no matter who paid for it, I think. Interesting case. Mediation between the parties should take place. I think it is outrageous that she is suing her parents. Maybe she felt it was the only way to get their attention.

ParticleMan said:

newstead77 said:

Since the friend's father is an attorney - presumably, the $12k is sweat equity and not dollars out of his pocket,

mbaldwin said:

ParticleMan said:

The part I found most amazing is that her friend's father is bacnkrolling hte case to the tune of over $12,000 so far.

Well, he's a founding partner of Inglesino, Wyciskala & Taylor, so I'm guessing that he's arranging for / doing pro bono work at this point with the intent of being reimbursed. Plus, it's good publicity for his firm.

Except that the girls attorney, who is named in the article, does not appear to be a member of the friend's father's firm.

That's why I said "arranging for." I might be a cynic, but I doubt these attorneys are out-of-pocket $12k.

I saw this on the news last night. You can link to the video of the story. Seems this young adult, disrespected her parents.

NJ student takes parents to court
http://www.myfoxny.com/story/24878319/nj-students-feud-with-her-parents-headed-to-court

"That's why I said "arranging for." I might be a cynic, but I doubt these attorneys are out-of-pocket $12k. "

It's called capitalizing for monetary gain and fame. SMH on this whole situation.

Putting the attorney issue aside, it's a sad situation all the way around, and, I'm sure when/if this goes to trial, there will be a lot more to this story.

mbaldwin said:

ParticleMan said:

newstead77 said:

Since the friend's father is an attorney - presumably, the $12k is sweat equity and not dollars out of his pocket,

mbaldwin said:

ParticleMan said:

The part I found most amazing is that her friend's father is bankrolling the case to the tune of over $12,000 so far.

Well, he's a founding partner of Inglesino, Wyciskala & Taylor, so I'm guessing that he's arranging for / doing pro bono work at this point with the intent of being reimbursed. Plus, it's good publicity for his firm.

Except that the girls attorney, who is named in the article, does not appear to be a member of the friend's father's firm.

That's why I said "arranging for." I might be a cynic, but I doubt these attorneys are out-of-pocket $12k.

Well, "out of pocket" something else. If I bill $500/hour and spend 5 hours on it, I'm not really out of pocket $2,500.

This is one of those news stories where you really need to know the story behind the story. If my daughter was "honor student, cheerleader, and lacrosse player" and was not drinking and doping (to excess) and was off to college in less than a year, I think would find some way to deal with the things about her that I didn't like.

Agreed. This seems to be about controlling who she dates.

tjohn said:

This is one of those news stories where you really need to know the story behind the story. If my daughter was "honor student, cheerleader, and lacrosse player" and was not drinking and doping (to excess) and was off to college in less than a year, I think would find some way to deal with the things about her that I didn't like.

You are correct. And, with all of these types of stories, there may be some things we don't know.

I think everyone commenting so far has not had an adversarial relationship with their kids, like this one appears to be.

The parent's aren't forcing her to drop out, they are just refusing to pay for her to continue to go to PRIVATE school. She is certainly free to apply to her local public school and receive a valid high school diploma if she wants.

Not that the parent's are right in what they are doing, and in a situation like this there is a lot of he said/she said and likely both parties are more than a little in the wrong, but it isn't right to make it seem as though her only option now is to become a high school drop out.

If the parents enrolled her in a private school aren't they responsible to the school for her tuition until the end of the semester? If so shouldn't the school be the one to sue? If not has the school threatened to expel her? On the other hand what prevents her from finishing up at the public high school?

Tjohn is right. There is a story behind the story.

I had a somewhat similar experience with my own parents. I was going to start college in Boston the September following my high school graduation. They refused to pay for me to live in Boston when I could commute and save the money. I refused to commute. They kicked me out, with tears in their eyes. I moved next door to my best friend's basement for the summer and then went on my way, all by myself, without anyone's help except scholarships. Worked while I went to school, paid for my own everything, tuition, apartment, everything. I never looked back. I guess that's not so easy these days. The times, they are different.

LOST said:

If the parents enrolled her in a private school aren't they responsible to the school for her tuition until the end of the semester? If so shouldn't the school be the one to sue? If not has the school threatened to expel her? On the other hand what prevents her from finishing up at the public high school?

Tjohn is right. There is a story behind the story.

I imagine it began when Johnny said "Nobody puts Baby in a corner."

LOST said:

If the parents enrolled her in a private school aren't they responsible to the school for her tuition until the end of the semester? If so shouldn't the school be the one to sue? If not has the school threatened to expel her? On the other hand what prevents her from finishing up at the public high school?

Tjohn is right. There is a story behind the story.

And so far the story seems to be the company she keeps starting with her boyfriend. That does not mean she keeps bad company. It means, at this point, that the parents put their foot down the minute she turned 18, she refused, packed and moved in with the family of a friend.

Regardless of the story, her tuition to finish her senior year of high school should be paid. there is no excuse I can think of for them to refuse to pay it for her other than them just being jerks. If she was on drugs or pregnant or running with the wrong crowd or committing crimes or anything I can think of, I'd still want her to finish high school and paying tuition isn't putting a penny in her pocket for her to misuse.

conandrob240 said:

Regardless of the story, her tuition to finish her senior year of high school should be paid. there is no excuse I can think of for them to refuse to pay it for her other than them just being jerks. If she was on drugs or pregnant or running with the wrong crowd or committing crimes or anything I can think of, I'd still want her to finish high school and paying tuition isn't putting a penny in her pocket for her to misuse.

Well, sure, but between now and June, who's feeding her and buying her toothpaste? Who's paying for the gas for her to drive to and from school?

If this happened a month before the end of the school year, then I could see your point, but rather it seems to have happened only a little more than month into the school year, so if there was such a huge falling out I can understand the parents not wanting to pay a full years tuition.

I am sorry but she has access to education at the public high school. Her parents are not 'required' to pay her private tuition. If they encountered financial hardship for whatever reason, rather than having a dispute, would you still be advocating that they must pay her tuition? No, she would simply enroll in the public system and finish there.

Personally, I think parents do too much for their childre and let them get away with everything (myself included). We need to teach kids that if you want to be treated with respect, you need to respect your parents and their rules. I got into a dispute with my parents while in college over money. They decided that since I was not being grateful for their assistance and 'demanded' more, I should learn to provide for my own education and related expenses. It was a very tough year, but I learn to take care of myself. Yes I worked 2 jobs and went to school full time. It was not fun, but I did it. It took me many years to pay off the student loans. I was upset at the situation initially, but it was not their obligation to to pay my way, particularly when my sister had just enrolled in college as well. I was selfish and childish and couldn't see past my own needs and failed to realize that they were in financial trouble and were having issues paying for two tuitions as it was. Sometimes parents have to use tough love to teach kids values.