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Daughter sues for child support
Newsday ^ | October 12, 2005 | BY ANN GIVENS

Posted on 10/12/2005 5:46:25 AM PDT by Calpernia

The day after Maria Guevara turned 18, she packed her bags and moved out of her mother's Floral Park home.

She had a strained relationship with her father, who she said physically abused her when she was younger -- a charge he denies -- and she said her mother was too strict, setting an early curfew and denying her money for restaurants and fashionable clothes.

(snip)

Between the ages of 18 and 21, young people fall into a special category in New York state: They're old enough to move out of their parents' house, but young enough to be supported by them in most cases, legal experts said.

(snip)

Maria's case against her father, Marcos Guevara of Astoria, is pending before Support Magistrate Penelope Beck Kahn. Maria's case against her mother was dismissed last month, four months after it was filed. Sabeti said he had asked for the dismissal on the grounds that Ubillus, who does not work, was not in a position to support Maria, while Maria was.

Maria retains the right to resubmit the petition.

A number of cases similar to Maria's have been filed in New York over the years, some decided in favor of the child, others for the parents, experts said.

(snip)

"I'm 18, but I still need support," she said. "I'm going to college. I don't have time to be working full-time. It's hard for me."

(snip)

(Excerpt) Read more at newsday.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: New York
KEYWORDS: childsupport; lawsuit; nassau; newyork; parents
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>>>A number of cases similar to Maria's have been filed in New York over the years, some decided in favor of the child, others for the parents, experts said.<<<<<

So this has happened before and 18-21 year olds have WON???!!!!

Anyone else hear of this?

1 posted on 10/12/2005 5:46:28 AM PDT by Calpernia
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To: MHGinTN; Coleus; Fedora; windchime; backhoe; Liz; nicmarlo; Viking2002; piasa

Come look at this INSANE lawsuit!


2 posted on 10/12/2005 5:47:55 AM PDT by Calpernia (Breederville.com)
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To: Calpernia

bump for later


3 posted on 10/12/2005 5:48:09 AM PDT by T Minus Four (Some assembly required.)
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To: Calpernia

Take her right to vote away. Kids don't need it.


4 posted on 10/12/2005 5:49:25 AM PDT by Sybeck1 (chance is the “magic wand to make not only rabbits but entire universes appear out of nothing.”)
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To: Calpernia

Yet another reason to move out of NY.


5 posted on 10/12/2005 5:50:32 AM PDT by An Old Marine (Freedom isn't Free)
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To: Calpernia

Not that I know of. About a decade ago, a father in PA won a landmark case in which it was determined that he did not have to pay for his child's college, that college is not a basic right. Until that time, fathers were often made to help contribute to college expenses, but after that, most other states followed the PA determination.


6 posted on 10/12/2005 5:50:49 AM PDT by twigs
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To: Calpernia

The entitlement attitude of too many of these kids is frankly disgusting.


7 posted on 10/12/2005 5:52:16 AM PDT by ShadowDancer (Stupid people make my brain sad.)
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To: Calpernia

Pullleaaze, this startedlong ago when people were all too happy to use lawyers to scapegoat all fathers as deadbeat fathers, thinking "social justice" support had to be paid and the father had to be denied every right to pay for his and his kids' Justice period, all exploited by lawyers and uncommunicative pro-choice pro-flesh entitled motherhoods.


8 posted on 10/12/2005 5:52:20 AM PDT by JudgemAll (Condemn me, make me naked and kill me, or be silent for ever on my gun ownership and law enforcement)
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To: Calpernia

If this child wants to go to college, she should go to the local community college for two years and save for her last two year. If she can't afford living costs, then she can live at home and under the rules her mother sets. She has a choice. Isn't that what liberals think this country is about?


9 posted on 10/12/2005 5:53:03 AM PDT by twigs
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To: Calpernia
"I'm 18, but I still need support," she said. "I'm going to college. I don't have time to be working full-time. It's hard for me."

Pfffffft, I worked night shift full time while I was in college for civil engineering, plus I was married with 1 kid, second kid came halfway through college. I made it through in 4 years. The world nor your parents owe you a college education. Life is hard, deal with it.

10 posted on 10/12/2005 5:55:50 AM PDT by Fierce Allegiance (Want to be on my Civil Engineers ping list? Say the word!)
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To: JudgemAll

So if this kid wins. I suppose law school is the next logical step.


11 posted on 10/12/2005 5:56:12 AM PDT by carumba
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To: twigs

This is being labeled child support though.


12 posted on 10/12/2005 5:57:44 AM PDT by Calpernia (Breederville.com)
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To: twigs

"If this child wants to go to college, she should go to the local community college for two years and save for her last two year."
If she wants it that bad, let the kid join the armed forces. Boot camp would probably help her more than some touchy feely course she'll take as a freshman.


13 posted on 10/12/2005 5:58:00 AM PDT by takbodan (.)
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To: JudgemAll

This isn't scapegoating the father per say. She moved out and is suing her parents for child support until she is 21.

And it is cited in the article that it has won before.


14 posted on 10/12/2005 5:59:31 AM PDT by Calpernia (Breederville.com)
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To: twigs

She is going to a community college. I don't think you are following. It isn't about making her parents pay for college per say. She didn't want to live by their rules and is suing for CHILD SUPPORT.

Some odd category about being between the ages of 18-21.


15 posted on 10/12/2005 6:01:18 AM PDT by Calpernia (Breederville.com)
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To: twigs

NY is an execption to that rule - laws on the books in NY have provisions for support up to 21 if the "child" is in college.

I am completely against any forced support for an adult from either parent baring severe handicap or illness that makes a person unable to live an independent life after reaching the age of majority.

I know of no state that forces parents to pay for college expenses when the parents are in an intact (not divorced) home.

I'll wager a bet she will win the case.


16 posted on 10/12/2005 6:01:52 AM PDT by Brytani (Democrats - destroying America since 1868)
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To: Calpernia

I have heard that it is even worse than this in NY.

As I understand it, if you have a recalcitrant 16 year old, you are responsible for all damages, etc. as their parent no matter if begged that the state do something about the kid before they screwed things up. If you had not applied before they became 14, or some fool situation like that, you have no standing, and no complaint.

You're responsible, but have no control. And of course, if you discipline the kid, you're abusive...

NY is a really bad situation for parents of kids who are less than angels.


17 posted on 10/12/2005 6:03:48 AM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: Calpernia; Mean Daddy
she said her mother was too strict, setting an early curfew and denying her money for restaurants and fashionable clothes

mean daddy, we have found you a mate.

18 posted on 10/12/2005 6:07:51 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: AFPhys

>>>If you had not applied before they became 14

Applief for what?


19 posted on 10/12/2005 6:08:03 AM PDT by Calpernia (Breederville.com)
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To: carumba

Law school or she will start her own protection racket.


20 posted on 10/12/2005 6:09:26 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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