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Judge: No, parents can’t be forced to financially support their disobedient 18-year-old child
Hotair ^ | 03/05/2014 | AllahPundit

Posted on 03/05/2014 2:26:05 PM PST by SeekAndFind

C’mon. In the new America, you’re not really an adult until you’re 26. Maybe longer, depending on the next unilateral executive rule change.

This case had to end this way, didn’t it?

Rachel Canning, a senior at Morris Catholic High School, went to court to force her parents, Sean and Elizabeth Canning, to pay her child support, her private school tuition, medical and related bills, college expenses and legal fees. Canning is an honor student and athlete, but her parents have stopped paying her bills because, they say, she would not obey their rules…

Her parents countered that she voluntarily left home because she didn’t want to abide by house rules, such as being respectful, keeping a curfew, doing a few chores and ending a relationship with a boyfriend they said was a bad influence…

She said the Cannings treated their daughter in an “abnormal” way that made it “untenable” for her to stay in the house. For instance, Helfand said, Sean Canning would not allow Rachel to have a boyfriend while a senior in high school. Rachel Canning also claims her parents are abusive, contributed to an eating disorder she developed and pushed her to get a basketball scholarship…

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.

Rachel claims that her father was “inappropriately affectionate” with her, which, if true, makes her new financial predicament an egregious injustice and, if false, makes her the Bad Seed. (The verdict is already in online.) She’s stuck now with a $5,300 tuition bill for her first semester of senior year of high school. One odd wrinkle at first blush about this very odd case is that the outcome seems to turn heavily on perceptions of the girl’s behavior even though that’s seemingly not the issue. The issue, you might think, is purely whether a mother and father can be held responsible financially for a child who’s reached legal age. Watch the clip below and you’ll find the judge scolding her for being disrespectful to her parents, a reference to a witheringly profane voicemail message Rachel left for her mother awhile back. If she had been a perfect angel, ruthlessly booted from the house on her 18th birthday by her cheapskate parents, should the ruling have gone the other way?

Actually … yeah, probably:

Though Canning is 18 years old, New Jersey law does not consider a person to be emancipated unless that person has left “the scope of his or her parents’ authority,” according to [lawyer Stephanie Frangos] Hagan.

“A parent is not obligated to contribute to the support of an emancipated child,” said Hagan. “A child is emancipated when he or she is beyond the control of the parents. Is she truly beyond the scope of her parents’ authority, as a result of her own voluntary acts? That’s for the judge to decide.”…

“To be clear, my clients never abandoned nor abused their child and they have asked her to come home. They simply sought to exert their own parental judgment and reasonable household rules which she is not willing to accept,” [the parents' attorney, Laurie] Rush-Masuret said in court Tuesday.

If the issue is as simple as “is she of legal age or isn’t she?” then all the behavioral stuff is beside the point. Mom and dad have an absolute right to cut her off when she’s 18, whether she deserves tough love or not. But apparently it’s not as simple as that; be an angel and remain within your parents’ “control” and they’re still on the hook to support you. There … must be an age limit to that idea (I hope), but in this case it’s immaterial. That’s why the judge cares so much whether she’s been disrespectful or disobedient. The more rebellious she is, the stronger the parents’ argument that she’s effectively emancipated herself and is on the hook for her own tuition going forward. Long story short: If you want to mooch off mom and dad, be nice.


CLICK ABOVE LINK FOR THE VIDEO



TOPICS: Culture/Society; News/Current Events; US: New Jersey
KEYWORDS: childsupport; christie; littleho; moreoldnews; rachelcanning; spoiledbrat
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1 posted on 03/05/2014 2:26:05 PM PST by SeekAndFind
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To: SeekAndFind

Sounds like she only cares about them for the money they can provide her.

Parents are not a cash cow.

Too bad, girl. You don’t want to be under their authority?

Suck it up. Make your own way without them.


2 posted on 03/05/2014 2:32:28 PM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith....)
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To: metmom

Potential husbands - stay away!


3 posted on 03/05/2014 2:45:47 PM PST by stubernx98 (cranky, but reasonable)
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To: stubernx98

Her father is very liberal. Considering how much of a brat she is, I’m not surprised.

Will there be an appeal?


4 posted on 03/05/2014 2:49:18 PM PST by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
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To: SeekAndFind

The minute I heard about this story I felt the need to pray for all involved, especially the young lady. She is making decisions that could leave a permanent wedge between her and her parents. From what I understand, she is their only child? I pray for healing for all involved. The other seasoned adults in this story should be ashamed of themselves for encouraging this kind of behavior.


5 posted on 03/05/2014 2:50:01 PM PST by yellowdoghunter (Welcome to Obamastan! (Mrs. Yellowdoghunter))
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To: Jack Hydrazine
Her father is very liberal. Considering how much of a brat she is, I’m not surprised.

I'm always negatively impressed by the higher proportion of ill-motivated, entitled-feeling, petulant and parent-and-authority-hating kids that arise from liberal families.

Not always the case, of course, but from my observations, a fair case could be made.

6 posted on 03/05/2014 2:58:05 PM PST by Seaplaner (Never give in. Never give in. Never...except to convictions of honour and good sense. W. Churchill)
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To: SeekAndFind

“Her willful failure to live in concert with her family and their rules and lifestyle, her defiance in seeking to live with her boyfriend’s family then her friend’s family and her alienation of her parents clearly demonstrates that she refuses to live within their sphere of influence,” Rush-Masuret writes.

What’s in it for the “Good Guy” lawyer footing the bills for this brat - oh wait never mind sorry I asked but I’m sure that his wife is just thrilled to death with the arrangement. They house her, feed her, transport her and pay for her legal bills, yea I’m sure the “Good Guy’s” wife is really, really thrilled.


7 posted on 03/05/2014 2:59:05 PM PST by chiefqc
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To: SeekAndFind

Waddya bet she has the latest smart phone.


8 posted on 03/05/2014 3:06:08 PM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: SeekAndFind
Having raised six children.. I have experienced this type of rebellion by my kids friends, but not nearly as egregious...

Whenever my teenager girlfriend tried to stay with us because their parents were: pick one, mean, cruel, too demanding, strict, controlling, whatever...

One call to the parents solved the problem....

"Come get your brat and work out the problems"...

Never failed to work...

The father who is footing her legal bills and expenses is a idiot beyond understanding...

9 posted on 03/05/2014 3:07:56 PM PST by Popman ("Resistance to Tyrants is Obedience to God" - Thomas Jefferson)
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To: SeekAndFind

Something seems off about this whole deal. A very lib parent upset his kid shacks up? A lawyer housing the kid? Well not kid...adult. 18 is adult.

The only think that does not shock me is a child raised by a liberal ‘feels’ entitled.

All the above said, I have known a couple people in my life with helicopter parents that were utterly convinced that they had final say in all aspects of their ‘married with children’ (no not THAT Married with Children ;) offspring’s lives. And those offspring were in their 30s and moderately successful.

Final call: 1: Parents are not financially responsible. 2: Kid is old enough to make her decisions and live with them. 3: Parents are likely why the kid is hosed to begin with. 4: Liberalism destroys families.


10 posted on 03/05/2014 3:09:02 PM PST by Norm Lenhart
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To: stubernx98

Yeah! This is one girl that is being educated far beyond her intelligence.


11 posted on 03/05/2014 3:11:38 PM PST by sport
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To: SeekAndFind

http://www.freerepublic.com/focus/f-chat/3129871/posts

Christie SCHOOL FUNDING task force lawyer teen suing parents ...

The prominent New Jersey attorney who is funding the legal costs of 18-year-old Morris Catholic High School senior Rachel Canning in her lawsuit against her own parents serves on Gov. Chris Christie’s School Funding Task Force.


12 posted on 03/05/2014 3:12:39 PM PST by opentalk
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To: SeekAndFind

The next 6 weeks until the April 22 hearing will be interesting to watch.

Mr Inglesino who Rachel is living with has now heard from the judge that there will be no money coming her and thus his way — no reimbursement for legal fees or for her living expenses.

So then at what point is he now going to kick her to the curb???


13 posted on 03/05/2014 3:14:44 PM PST by Uncle Chip
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To: stubernx98

Absolutely!!!


14 posted on 03/05/2014 3:20:17 PM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith....)
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To: SeekAndFind
In court yesterday ...


15 posted on 03/05/2014 3:25:54 PM PST by cynwoody
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To: Seaplaner
I'm always negatively impressed by the higher proportion of ill-motivated, entitled-feeling, petulant and parent-and-authority-hating kids that arise from liberal families.

I had a girl like that living with me. Only child, millenniel. She was a drama queen. She grew enraged when people or things couldn't be the way she wanted them to be.

She recently got married, and I'm apprehensive, although I wish her the best.

16 posted on 03/05/2014 3:26:23 PM PST by MoochPooch (I'm a compassionate cynic.)
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To: SeekAndFind
This judge may be on the cusp of busting lots of law. 18, right? An adult, right? Then why further restrictions elsewhere? If this little b*tch is officially an adult and the parents are not on the hook, she can buy alcohol,or firearms, or can carry concealed, or...or...or..

IS 18 an adult OR NOT?

17 posted on 03/05/2014 3:28:21 PM PST by Ghost of SVR4 (So many are so hopelessly dependent on the government that they will fight to protect it.)
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To: opentalk

An eighteen year old is no longer a child. If she announces that she is now shacking up with her lawyer benefactor, that’s legally mox nix to everyone except for his wife.


18 posted on 03/05/2014 3:28:27 PM PST by elcid1970 ("In the modern world, Muslims are living fossils.")
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To: cynwoody

This one is a total L.U.G. once she hits the college campus.
As another said, potential “husbands”, STAY AWAY!


19 posted on 03/05/2014 3:29:40 PM PST by Ghost of SVR4 (So many are so hopelessly dependent on the government that they will fight to protect it.)
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To: elcid1970

Interesting choice as an advisor to school funding task force for Christie


20 posted on 03/05/2014 3:36:49 PM PST by opentalk
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