mrbmom77 Posted March 4, 2014 Share Posted March 4, 2014 Article from foxnews.com: "A New Jersey honor student is suing her parents in a potentially precedent-setting lawsuit for financial support and to force them to pay for college. Rachel Canning, 18, of Morris Catholic High School, claims her parents threw her out of their Lincoln Park home two days before her 18th birthday in late October, although her parents insist she moved voluntarily. Both parties are scheduled to appear before a judge in Morristown on Tuesday. Canning's father, retired Lincoln Park Police Chief Sean Canning, told The Daily Record of Parsippany that his daughter left home on her own accord because she didn't want to abide by reasonable household rules, such as being respectful, keeping a curfew and doing some chores. Since moving out, Canning, who has reportedly already been accepted to several colleges, has been living in Rockaway Township with relatives of her best friend. Former Morris County Freeholder John Inglesino is funding the lawsuit, the newspaper reports. Canning is seeking her parents to be ordered to immediately pay tuition at Morris Catholic High School, where she attends as a senior. Her parents have already paid tuition through Dec. 31, but haven’t signed additional checks since Rachel left the family’s home. Administrators at the school have said they won’t kick her out for unpaid 2014 tuition, The New York Post reports. “This whole thing is just destroying our family,†Sean Canning told The Post. “We love our daughter. She’s our pride and joy. The door is wide open. We want her to come home.†Canning told the newspaper he and his wife have disagreed on typical family issues. “I’m a liberal, liberal parent,†he said. “I wish I could have grown up in my house. I was tougher on my cops at work than I’ve ever been at my home, that’s for sure.†Legal experts told The Post that the rare case, if successful, could evoke similar suits in the future. “In my 20 years of practicing family law in New Jersey, I’ve never seen anything like this,†Brian Schwartz, chairman of the New Jersey Bar Association’s Family Law Section, told the newspaper. Jeralyn Lawrence, the incoming Family Law Section chair, said: “This could open the floodgates of recalcitrant kids fighting with their parents, moving out and then suing for them to keep paying.â€" Thoughts? Personally, if you don't want to follow house rules b/c you turned 18, I don't have to support you any more. You're grown, right? Welcome to adulthood - work and pay your own bills. IMO, YMMV, etc. Quote Link to comment Share on other sites More sharing options...
Scrub Jay Posted March 4, 2014 Share Posted March 4, 2014 I agree with you if it is truly that she just didn't want to follow rules at home. But it seems like there has to be more to this story since her friend's family supports her, she is getting a lawyer pro bono, her school supports her, she's a good student, etc.... Quote Link to comment Share on other sites More sharing options...
itsheresomewhere Posted March 4, 2014 Share Posted March 4, 2014 (Sarcasm)So that is what I should have done instead of working and paying for everything. This case is big news here. It sounds like spoiled whiner syndrome. I wonder when the rest of the details will come out. Quote Link to comment Share on other sites More sharing options...
KungFuPanda Posted March 4, 2014 Share Posted March 4, 2014 She's gonna lose. Quote Link to comment Share on other sites More sharing options...
itsheresomewhere Posted March 4, 2014 Share Posted March 4, 2014 She's gonna lose. She might not according to one lawyer being interviewed here. If her lawyer can word it to follow a certain law on the books that makes divorced parents pay for their kids college education. It is a long shot the lawyer said but he has seen stranger things. Quote Link to comment Share on other sites More sharing options...
Joker Posted March 4, 2014 Share Posted March 4, 2014 I agree with you if it is truly that she just didn't want to follow rules at home. But it seems like there has to be more to this story since her friend's family supports her, she is getting a lawyer pro bono, her school supports her, she's a good student, etc.... Is it really pro bono if part of the lawsuit is the parents pay the fees? I don't know if that was mentioned in the OPs article but it was in the one I read yesterday. The father of the girl she is now living with is an attorney as well. The article I read said the suit is asking the parents to pay the rest of her high school tuition, her college tuition, and living and transportation expenses. I don't like the precedent this would set at all. Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 Just in regards to her high school tuition...If her parents signed the contract with the private school to pay tuition at the beginning of the year, they may be legally bound to paying her tuition. My kids have been in different private schools over the years, some contracts allow for pulling the student out mid year and allow for a prorated tuition. Some contracts say you are going to pay for they year, whether you attend or not. If she is now considered 'head of household' I wonder if she can sue, using palimony or a similar legal basis in civil court. Quote Link to comment Share on other sites More sharing options...
Baseball mom Posted March 4, 2014 Share Posted March 4, 2014 My dad always said "My house, my rules, don't care how old you are. Don't like the rules, move out" Quote Link to comment Share on other sites More sharing options...
Joanne Posted March 4, 2014 Share Posted March 4, 2014 Oh my. I was born and raised in that area - I know some of the "families" and names kinda involved. Wow. Quote Link to comment Share on other sites More sharing options...
CatMomof3 Posted March 4, 2014 Share Posted March 4, 2014 Just in regards to her high school tuition...If her parents signed the contract with the private school to pay tuition at the beginning of the year, they may be legally bound to paying her tuition. I agree with this, BUT the parents should not be obligated to pay for college. Quote Link to comment Share on other sites More sharing options...
MysteryJen Posted March 4, 2014 Share Posted March 4, 2014 The particulars of this case seem strange to me. But we had a former babysitter whose father refused to fill out the FAFSA for him. He would not help him in any way (because the kid was gay, we think). He had to drop out of college, could not get loans or grants. He had absolutely no recourse. The way the system is set up now kids are not independent adults at 18. Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 I agree with this, BUT the parents should not be obligated to pay for college. I am not really disagreeing with you......just playing the other side for sake of discussion. It really depends on what the parents have told the girl as she grew up. A lot of my friends tell thier kids.... Go to school, get good grades, we will pay for college. I am Completely making this up....i Really have no idea what happened but can see it being something like this based on personal experiences with friends. Now, lets say this girl isn't getting into trouble, but wants a bit of freedom because she is 18. Parents say, my way or the hi-way. Girl says fine, I have a place to stay, I will live there. Parents say, oh crap, she actually did it. Now we aren't going to pay for anything, including your current tuition. Girl says.....that wasn't part of the deal. You said, good grades....we will pay. Most parents don't include 'you must live at home, under our rules, until you graduate high school to get the deal'. Girl probably sees it as.....she would have moved away to college anyways. Why should they pull back her college payments/support payments just because she moved out 6 months early? Quote Link to comment Share on other sites More sharing options...
Night Elf Posted March 4, 2014 Share Posted March 4, 2014 I read that she has a college fund that she's insisting they are using for their own purposes. The parents claim it is untouched and is hers. I think she should get that but I don't like the idea that the parents may be forced to pay additional college expenses. She could really take advantage of that and take her parents to the cleaners. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted March 4, 2014 Share Posted March 4, 2014 I know someone who knows the girl and the family, and although she didn't give me any specific details, she said there is a lot more to this story than is being reported, and that the "squeaky-clean athlete and honor student" isn't as Little Miss Perfect as she is being portrayed in the media. It also sounds like the girl left home entirely of her own accord and thought her parents should still pay all of her expenses. That said, I have no idea what the girl's life was like at home, so I have no idea whether or not she had a good reason for leaving. I do think, however, that it is an utterly ridiculous lawsuit, and that if the girl felt that she was grown-up enough to leave home, she should have given some thought to how she was going to support herself. If she was under 18, things might be different, but if she's legally an adult, I don't think her parents are obligated to financially support her if she won't live at home and abide by their rules. Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted March 4, 2014 Share Posted March 4, 2014 I suspect the parents are obligated for high school tuition. That is a basic thing in most private and parochial school contracts--you are on the hook for the entire academic year's tuition. However, that is a contract between the school and the parents. The school is the party who needs to sue to get that tuition claim. I really hope the court finds 18yo has no claim to college tuition. Tuition where? community college, state flagship uni, private uni, etc. According to this http://www.wtop.com/209/3574443/Should-parents-pay-for-college she wants to claim to be a nonemancipated dependent. How long are they going to be legally required to support her then? Perhaps her parents are strict. So what. Apparently, her bff's parents are not so strict. This lawsuit is stupid. Quote Link to comment Share on other sites More sharing options...
Joker Posted March 4, 2014 Share Posted March 4, 2014 I know someone who knows the girl and the family, and although she didn't give me any specific details, she said there is a lot more to this story than is being reported, and that the "squeaky-clean athlete and honor student" isn't as Little Miss Perfect as she is being portrayed in the media. It also sounds like the girl left home entirely of her own accord and thought her parents should still pay all of her expenses. That said, I have no idea what the girl's life was like at home, so I have no idea whether or not she had a good reason for leaving. I do think, however, that it is an utterly ridiculous lawsuit, and that if the girl felt that she was grown-up enough to leave home, she should have given some thought to how she was going to support herself. If she was under 18, things might be different, but if she's legally an adult, I don't think her parents are obligated to financially support her if she won't live at home and abide by their rules. There are actually a few articles out there that say she had been suspended a few times from school recently and she was bullying her sister. Some of them also say the parents said she had a boyfriend who was a bad influence and told her to stop seeing him or leave, so she left. I so hope this gets tossed out of court quickly. It's scary to think you can disagree with your parents rules, move out, and then force them to pay for everything. Quote Link to comment Share on other sites More sharing options...
Anne in CA Posted March 4, 2014 Share Posted March 4, 2014 I am not sure the girl will lose. The trend in the western world is to extend childhood well into a young person's late twenties. I am probably prejudiced because I have a 25yo that really wants to live at home, have all the perks of adulthood but none of the responsibilities.We have not allowed it, but it is a constant battle. I would love to blame this on her mother (she is my step dd) but unfortunately I have too many friends with kids of a similar age who feel the same way who grew up in stable homes where they received wonderful parenting who are doing this also. There was clearly something in the water these kids drank, lol. Quote Link to comment Share on other sites More sharing options...
Lolly Posted March 4, 2014 Share Posted March 4, 2014 I agree with you if it is truly that she just didn't want to follow rules at home. But it seems like there has to be more to this story since her friend's family supports her, she is getting a lawyer pro bono, her school supports her, she's a good student, etc.... In the article I read it sounded like the father of the family she moved in with (boyfriend?) was the lawyer and was adding a charge of over $12000 for lawyer's fees to the parents bill. In other words, he will end up with a pretty tidy sum if he wins. Reminds me of a sleazy ambulance chaser. The girl made her choice as an adult, now she should act like one. I am voting spoiled brat. As far as access to a "college fund", what is hers is legally her parents until she is 18. I am guessing that legally this is her parents' money. If she had followed their rules, it would have most likely been used to pay for her college expenses. However, if some emergency had come up her parents would have had access to use the money as they deemed necessary. i.e. It isn't actually HER money though she feels entitled to it. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted March 4, 2014 Share Posted March 4, 2014 I suspect the parents are obligated for high school tuition. That is a basic thing in most private and parochial school contracts--you are on the hook for the entire academic year's tuition. However, that is a contract between the school and the parents. The school is the party who needs to sue to get that tuition claim. :iagree: I'm sure the parents are contractually obligated to pay for the full year, but if they weren't, there's no reason why the girl couldn't attend public high school for the remainder of the year. I don't think parents should be financially held hostage by an 18 year-old with an overly developed sense of entitlement. If she was living at home, the parents would have every right to remove her from private school and enroll her in public school, so I don't think the rules should change just because the kid moved out of the house. I can understand why the parents don't want to pay tuition for a kid who moved out -- and I suspect it's less about the money and mainly because they're trying to teach her that when you move out, life isn't free any more. It seems pretty clear that they want her to move back home, so her claims that they threw her out simply don't ring true to me. Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted March 4, 2014 Share Posted March 4, 2014 However, that is a contract between the school and the parents. The school is the party who needs to sue to get that tuition claim. But if the contract the parents signed does not state that they must pay for the full year, then I think they are not obligated to pay. She should attend the public school where she lives if she is no longer under her parents' support. Quote Link to comment Share on other sites More sharing options...
mathnerd Posted March 4, 2014 Share Posted March 4, 2014 She has to go work and make money to support herself. Millions of 18 year olds all over the world are doing so. In her case, she can go and work in a mall or flip burgers or be a baby sitter etc etc. She left of her own accord (that is the story that has been put out). So, if she is adult enough to move out, she needs to be adult enough to work and pay for her keep, her college tuition etc. As for high school fees, most private schools in my area have a month to month contract - there is no obligation for the parent to pay beyond the current month fees. Why does she not go to the local public school? Why should the family that she walked away from pay for private school? Quote Link to comment Share on other sites More sharing options...
Carrie12345 Posted March 4, 2014 Share Posted March 4, 2014 It makes sense to me (whether I agree with it or not,) considering NJ's position on child support/college tuition for non-married parents. If the state can force one half of a former couple, why not both halves of a together couple? Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 Switching to public from private the senior year of high school isn't as easy as you would think, even if she is an honors student. There are different graduation requirements at different school and she may not have the correct credits or have fulfilled graduation requirements like senior projects etc. There are also scholarship and college admittance changes based on where you graduate. We have personally had to deal with this for my DS (involuntary school district shift-loooong story) and it was a Battle, for him to not have to repeat a bunch of work that he had already done at another school and start from scratch on his senior year project, which parts of are done over 4 years. As the parent I had to fight the school, the school would have never worked with him the way I forced them to work with me to find a resolution. Her choosing to leave home, and not thinking through these ramifications are ultimately/legally on her, but honestly she is still a high school senior and being 18 doesn't automatically make you think like an adult...just because you are one legally. A simple example is that if your student took German at Private school and the public school doesn't offer German, then the public school will not necessarily give you credit for the foreign language credit. Some schools have a different diploma they will give, like a 'special circumstance' diploma, but they make it seem like it is a lesser diploma. Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 But if the contract the parents signed does not state that they must pay for the full year, then I think they are not obligated to pay. She should attend the public school where she lives if she is no longer under her parents' support. Another point to the school contract is that if the parents stop paying, she has to leave the school. She is the one being hurt by the action of the parents stopping tuition payments, I am guessing she can potentially sue based on that. She isn't asking that the tuition is to be paid to her, she is asking that they continue to pay the school, so she doesn't have to drop out. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted March 4, 2014 Share Posted March 4, 2014 Another point to the school contract is that if the parents stop paying, she has to leave the school. She is the one being hurt by the action of the parents stopping tuition payments, I am guessing she can potentially sue based on that. She isn't asking that the tuition is to be paid to her, she is asking that they continue to pay the school, so she doesn't have to drop out. The school has already said that she can stay there. Quote Link to comment Share on other sites More sharing options...
Mrs Mungo Posted March 4, 2014 Share Posted March 4, 2014 I agree that the parents might be contractually on the hook for the rest of the tuition for this year. But, I also agree that if they aren't, then she could feasibly be moved to public school, difficult or no. My kids have 529 college plans, but those aren't something you can just fork over to the kid. That isn't how they work. They can't be used for living expenses and such, they can only be used for education. That's why parents choose them. It makes sense to me (whether I agree with it or not,) considering NJ's position on child support/college tuition for non-married parents. If the state can force one half of a former couple, why not both halves of a together couple? Quote Link to comment Share on other sites More sharing options...
mathnerd Posted March 4, 2014 Share Posted March 4, 2014 She is the one being hurt by the action of the parents stopping tuition payments, I am guessing she can potentially sue based on that. The private school says that she can stay. Another point - why is she being "hurt" by being unable to go to a private school? It is not as if parents don't lose an income and ask their formerly private schooled kids to move to a public school. If that happened, are they hurting their child?? If her parents are so intolerable, then she should be proud of herself to have walked away instead of going after them like a Collection Agency. She cannot have the cake and eat it too. If she won her lawsuit, then there will be millions of adults suing their parents for money (why not sue the parents when you are at age 21 or 25 or 45 or 55?). If she does not want to deal with her parents and their house rules, then she is on her own. The lawsuit is ridiculous. Moving out of someone's home means you have burnt some bridges and she needs to move on in her life or make nice with the people she moved away from (I have been in her situation, so I am conversant with all the possible scenarios). Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted March 4, 2014 Share Posted March 4, 2014 But if the contract the parents signed does not state that they must pay for the full year, then I think they are not obligated to pay. She should attend the public school where she lives if she is no longer under her parents' support. My point was if there is any party who has a right to sue for tuition it is the current parochial school. I do not know the exact contents of the school contract, but in my neck of the woods, typically the contract is for a full year. If the contract is in fact for a full year, the only party who has a real claim against the parents for tuition is that school. Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 The private school says that she can stay. Another point - why is she being "hurt" by being unable to go to a private school? It is not as if parents don't lose an income and ask their formerly private schooled kids to move to a public school. If that happened, are they hurting their child?? If her parents are so intolerable, then she should be proud of herself to have walked away instead of going after them like a Collection Agency. She cannot have the cake and eat it too. If she won her lawsuit, then there will be millions of adults suing their parents for money (why not sue the parents when you are at age 21 or 25 or 45 or 55?). If she does not want to deal with her parents and their house rules, then she is on her own. The lawsuit is ridiculous. Moving out of someone's home means you have burnt some bridges and she needs to move on in her life or make nice with the people she moved away from (I have been in her situation, so I am conversant with all the possible scenarios). Being hurt, by involuntarily being moved from one high school to another the last term of senior year. Yes, that would hurt. The relationships teens have with their schoolmates aren't just a convenience of where you go to school. Being forced to move, rips apart relationships and could put her in a new school where she knows no-one. Seniors aren't big on allowing new people into social cliques. Varsity sports athletes cannot compete on varsity level for a year after changing schools (at least in our area, I don't know if that is everywhere or not), so spring sports would be out so that can cause loss of scholarships. I already addressed the facts that it could mess up her graduation credits. And the emotional turmoil of switching schools. It isn't a casual thing to do, especially if you haven't had to do it before. A switch from private to public, would be a HUGE deal in some areas, not only based on faith differences, demographics, but also class/school size. I moved 4 times in high school. I know what it is like. My son was registered in 4 different schools in 2 different school districts, so I have dealt with it as a parent. My daughter just switched from private high school to public a month ago. Even though she was the one who wanted the change, it was still hard on her. She knew what to expect, but the emotions are still the same and are just as real. Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted March 4, 2014 Share Posted March 4, 2014 I didn't see that she was suing for the current parochial school tuition. I thought it was for college tuition. If the parents have Uniform gifts to minors accts then the money is the 18 yo's. It became hers on her 18th birthday. They need to give her the acct information. And she can just blow all the money saved on a new car and not have anything for college. That would be her choice. I don't see how anyone can move out and then try to sue and have as part of the claim she is legally dependent even though she is 18. If that is the case and i were the judge I'd ask if she needed guardianship. The only adult aged individuals who should be able to get support in this manner should be under guardianship. I don't know any 18yo "honor" students who want someone to have legal guardianship over them. If the money is in some sort of 529 acct, it is not legally the 18yo's and does not have to be used for the 18 yo's support in any way. Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 She wasn't "forced to move." She's EIGHTEEN and she CHOSE to move. Out of her parents house. Parents lose jobs or get hurt or a billion other things that make them have to stop paying private school tuition all the time. Even during that senior year when you think kids are particularly fragile (?). This kis wasn't too fragile. She peaced out and expected thereto be no consequences. I just have no sympathy for this argument in favor of this girl and her lawsuit. I was in the school maybe two hours a day, two days a week, only, for my senior year b/c I was taking college classes duel enrollment. 18 year olds are legally adults. Life is happening to her now. Maybe that is the difference. You weren't involved in your high school. You were ready to move on. Senior year for a lot of students are busy years of being heavily involved in school. My son did dual enrollment and didn't even bother to walk for his high school graduation. I see how some people are very separated from their school and it wouldn't have mattered to him 'emotionally' but moving his senior year, was still very stressful for me. I had to fight the school on his graduation requirements and had I not been there for that, it would have been a much harder year for him. To me it has nothing to do with it being a shift from private to public. It is any shift of high school in the latter part of senior year. Yes, lots of kids move in and out of high schools their senior year. That doesn't mean it doesn't hurt them. I was only defending my use of the word 'hurt' and explaining why I think it would hurt to move now. Yep, she is 18. But she is a high school senior too. That is not someone who has a lot of experience to navigate the system and find solutions to problems this big. She has sought out counsel and is taking his advice...just like an adult would do. Presumably the counsel feels there is a case and that is why it has gone this far. Quote Link to comment Share on other sites More sharing options...
PeacefulChaos Posted March 4, 2014 Share Posted March 4, 2014 I don't know all the details (I'm sure no one does) but I just wanted to throw out there that our local private schools require commitments one semester at a time. You can't pull a child mid-semester and not still have to pay, but at the semester break they can be pulled with no further financial obligations. I am more inclined to agree with the parents based on the info I know. It really does sound very 'spoiled brat' to me. Even if they 'said' they would pay for college, it is not the responsibility for any parent to do so. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted March 4, 2014 Share Posted March 4, 2014 Maybe that is the difference. You weren't involved in your high school. You were ready to move on. Senior year for a lot of students are busy years of being heavily involved in school. My son did dual enrollment and didn't even bother to walk for his high school graduation. I see how some people are very separated from their school and it wouldn't have mattered to him 'emotionally' but moving his senior year, was still very stressful for me. I had to fight the school on his graduation requirements and had I not been there for that, it would have been a much harder year for him. To me it has nothing to do with it being a shift from private to public. It is any shift of high school in the latter part of senior year. Yes, lots of kids move in and out of high schools their senior year. That doesn't mean it doesn't hurt them. I was only defending my use of the word 'hurt' and explaining why I think it would hurt to move now. Yep, she is 18. But she is a high school senior too. That is not someone who has a lot of experience to navigate the system and find solutions to problems this big. She has sought out counsel and is taking his advice...just like an adult would do. Presumably the counsel feels there is a case and that is why it has gone this far. Perhaps she should simply stop behaving like a spoiled, entitled little brat and move back home with her parents if all of this is so incredibly important to her. Her parents want her to move back home. She is the one who is being defiant and unreasonable. Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 I don't know all the details (I'm sure no one does) but I just wanted to throw out there that our local private schools require commitments one semester at a time. You can't pull a child mid-semester and not still have to pay, but at the semester break they can be pulled with no further financial obligations. Every school is vastly different. Some are by the day, some by the month, some term, some year. Some require you pay only if you have attended past a certain date (like after 2 months there are no refunds) some require a certain amount of notice. Scholarship students can be treated differently also. Like if you have a 50% scholarship and that drops 10,000 tuition to 5,000. Some schools say that if you leave, you void the scholoarship contract so leaving mid-year would mean the parent would have to still pay the first $5,000 of tution (even though on scholarship it would have only been $5000 for the year). We have looked at, previewed and investigated at least 10 private schools (signed contracts at and attended 3). They all had different ways of handling it. Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 Perhaps she should simply stop behaving like a spoiled, entitled little brat and move back home with her parents if all of this is so incredibly important to her. Her parents want her to move back home. She is the one who is being defiant and unreasonable. Depends on the parents. I have no idea what the life is like in her house. Maybe she is being a brat. Maybe they are. I have seen it both ways. I know of a teen who moved out because the parents forced him to participate in a lets call it a "charismatic faith" that he adamantly didn't believe in. He was one locked out of the house for listening to rock music on the radio when he was getting ready in the morning with only shorts on (no shirt-no shoes), in the middle of the country. He wasn't allowed back in to get any belongings for weeks. These are nice adults who I have known for years. They just take their religion Very seriously. I like them, but there is no way that it was a healthy home for him to grow up in. Quote Link to comment Share on other sites More sharing options...
unsinkable Posted March 4, 2014 Share Posted March 4, 2014 Every school is vastly different. Some are by the day, some by the month, some term, some year. Some require you pay only if you have attended past a certain date (like after 2 months there are no refunds) some require a certain amount of notice. Scholarship students can be treated differently also. Like if you have a 50% scholarship and that drops 10,000 tuition to 5,000. Some schools say that if you leave, you void the scholoarship contract so leaving mid-year would mean the parent would have to still pay the first $5,000 of tution (even though on scholarship it would have only been $5000 for the year). We have looked at, previewed and investigated at least 10 private schools (signed contracts at and attended 3). They all had different ways of handling it. I agree that schools all have a different ways it could be handled. Another factor is that some schools withhold your transcripts, diplomas and recommendations if tuition is in arrears. Perhaps all her college applications have been finished but there is a chance if the school gets tired of the mess, they'll hold her diploma. Quote Link to comment Share on other sites More sharing options...
KungFuPanda Posted March 4, 2014 Share Posted March 4, 2014 Couldn't they pay the tuition to satisfy the contract and STILL transfer her to public school? When you move out "on your own" you have to expect your quality of living to go down. No skills. Burned bridges. Your life is now what YOU make it and not what anyone else can provide. Freedom comes with A LOT of responsibility. I got a job at 18 and went to college a few years later. I'm not sad for her. Quote Link to comment Share on other sites More sharing options...
Angie in VA Posted March 4, 2014 Share Posted March 4, 2014 Jeralyn Lawrence, the incoming Family Law Section chair, said: “This could open the floodgates of recalcitrant kids fighting with their parents, moving out and then suing for them to keep paying.â€" While I often worry how the courts interpret laws, and the precedents set, I don't think there will be opened floodgates of people willing to PAY for such law suits. This is rare case, and I wonder what the legal fees would be v. the tuition for the spring 2014 semester at that school? Quote Link to comment Share on other sites More sharing options...
hillfarm Posted March 4, 2014 Share Posted March 4, 2014 Article from foxnews.com: Sean Canning told The Post. “We love our daughter. She’s our pride and joy. The door is wide open. We want her to come home.†Canning told the newspaper he and his wife have disagreed on typical family issues. “I’m a liberal, liberal parent,†he said. “I wish I could have grown up in my house. I was tougher on my cops at work than I’ve ever been at my home, that’s for sure.†Perhaps way too much pride. Sounds like this little special snowflake is strong on the flake part of the equation. Someone needs a lesson on what being a "grown up" means. It does not mean forcing others to pay your way. What a poor decision. Can you imagine any employer who would want to hire a person like that? Someone looking for a legal loophole to force others to pay her for doing absolutely nothing. I know it is considered bad form to bash lawyers, but one who would take a case like this does give his chosen profession a bad name. Seems possible that he is using a self-centered young girl as the vehicle for his 15 minutes of fame. Quote Link to comment Share on other sites More sharing options...
Carol in Cal. Posted March 4, 2014 Share Posted March 4, 2014 I don't think she should win, but had an example to share. I had a roommate after I was done with college. Her parents had both worked but her dad was the primary breadwinner. When she was around 10 he got involved with another woman, the mom's best friend. The other woman got pregnant, went away to have the baby, and came back saying that she knew she was always going to be single so she had done a foreign adoption. No one figured this out for about 8 years. The dad kept on with the two households, the mom had no idea at all, and neither did my roommate. The dad waited until my roommate was 18, then he left them. It was clear that he waited specifically to avoid paying child support or college expenses. Completely unexpectedly the girl could not go to college after all because of this. He wouldn't kick in a penny. He moved in with the OW and the son started calling him Daddy and finally everyone figured out the whole sordid story. In the meantime my roommate, who was very bright but couldn't get financial aid because the father was making too much money, ended up going to a trade school for two years on student loans and became a secretary. It was a total waste and ruined her financially. This is why they have laws like that about divorcees helping to pay for college. Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 What I am saying I guess, is that as it stands, I don't care if it "hurts" her to change schools in her senior year. My empathetic capabilities do not extend that far. She's just a person dealing with some relatively trivial stuff and making a huge deal about it. I personally don't understand that drive. If she was afriend, I'd give her a squeeze and let her sleep on my couch. But I wouldn't feel bad for her. Have you looked at what college tuition rates are? My son's tuition is $20,000 year. Depending on how big her college fund is....I am guessing it is not trivial to her. My son turned down a full scholarship to Yale, because it would have still cost him over $10,000 to live there. His grades and his work got him the scholarship, but it still costs to attend college. I don't think the parents think it is trivial either....or else they would have just paid her private school and college tuition. I assume they still want the best for their daughter and still want her to go to college. Private school is likely $8-20,000+ The parents are going to court over this. Maybe that kind of money is trivial to you, I don't think it is trivial. Quote Link to comment Share on other sites More sharing options...
SKL Posted March 4, 2014 Share Posted March 4, 2014 As far as I'm concerned, a parent is not obligated for a kid's education past the earlier of: A, the kid's 18th birthday, and B, high school graduation. The only exception would be if someone other than the parents provided money (to the parent) for the kid's adult education. Little Miss Priss should have thought of that before she stormed out the door. Whatever the facts are in this case, there are many very legitimate reasons why parents might not pay for education or other expenses of their adult "children" - or let them live under their roof. The last thing we need is legal precedent creating a legal duty where none should exist. Quote Link to comment Share on other sites More sharing options...
Seasider Posted March 4, 2014 Share Posted March 4, 2014 My question is, who funded the college fund? Is it really something a parent contributes to for many years, then the child can sue for once hitting 18? Quote Link to comment Share on other sites More sharing options...
Tap Posted March 4, 2014 Share Posted March 4, 2014 Couldn't they pay the tuition to satisfy the contract and STILL transfer her to public school? When you move out "on your own" you have to expect your quality of living to go down. No skills. Burned bridges. Your life is now what YOU make it and not what anyone else can provide. Freedom comes with A LOT of responsibility. I got a job at 18 and went to college a few years later. I'm not sad for her. Sure, they could pay the contract. But then, if the contract was paid.....why shouldn't she be able to attend the school? I think I am reading this wrong. ...Just because you are 18 doesn't mean you burn all your bridges, and can never have help again. The parents built a college fund for her. She knows about the college fund, so presumably they have told her that they will pay for her college. But now, even though they had agreed to it before, she no longer gets it because she moved out 6mths early? Quote Link to comment Share on other sites More sharing options...
SKL Posted March 4, 2014 Share Posted March 4, 2014 When I was 17 (in college) I was asked on a couple of dates by a 20yo classmate. You know what turned me off forever? It was the time he started complaining about the fact that his mom had been so irresponsible, she put her savings toward retirement instead of toward *his* education. Blech. Not sexy. If you think you are an adult, act like one. Quote Link to comment Share on other sites More sharing options...
KungFuPanda Posted March 4, 2014 Share Posted March 4, 2014 Sure, they could pay the contract. But then, if the contract was paid.....why shouldn't she be able to attend the school? I think I am reading this wrong. ...Just because you are 18 doesn't mean you burn all your bridges, and can never have help again. The parents built a college fund for her. She knows about the college fund, so presumably they have told her that they will pay for her college. But now, even though they had agreed to it before, she no longer gets it because she moved out 6mths early? I'm not saying I'd do it, but I think the parents should have a legal right to set consequences and stick by them. If they said you live at home your senior year or you forfeit all tuition funds, they should legally be able to follow through on that threat. They know their daughter. If she's spinning out of control perhaps it's better to get her back in line before trusting she'll get her act together while in college. It's not far fetched to imagine she'd spin out even more when surrounded by frat parties and such and who wants to finance that disaster? Most "college funds" are not accounts that are locked into paying college expenses. The money belongs to the parents and they, not their newly adult child, should decide how it's spent. So what if they told her they'd pay? It's not like she would have done anything to prepare if they hadn't. Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted March 4, 2014 Share Posted March 4, 2014 My question is, who funded the college fund? Is it really something a parent contributes to for many years, then the child can sue for once hitting 18? Depends on the type of account. My grandmother set up a UGMA acct for each of her grandchild. Although the intent was for college, the money is legally whatever the child wants to do with it once he turns 18. Before 18 the parents can use the money for the benefit of the child. So, such moneys could be spent on private school tuition or on health related therapy and none could be left for college. The child could then ask for the money but if the parents can prove it was used for the child's benefit then all's well and the child cannot demand money the was legally spent. If the money is not spent before 18, then on the child's 18th birthday it belongs to the child and that child gets to use all his now adult wisdom to manage it properly (motorcycle? tuition at cc for 2 years? one semester at state university?). A 529 does not belong to the child. A 529 may be opened with a particular child in mind, but it does not have to be used on that particular child. The child has no claim. That is why 529 accts have become popular. UGMA accts do not allow parents that kind of control. Also, some states have tuitiion accounts specific to that state's university system. These accounts only cover tuition at a state school. In my state these accounts can be used for any member of a family no matter which child's name is on the account to begin with. My neighbor has this type of account plus a 529 (the 529 is used for room and board). Since her older child dropped out after one semester her younger child is using the tuition account with older child's name. He's doing this because the accounts are only good for 10 years after the child turns 18--so the older siblings account will actually expire sooner. If older child doesn't get her act together, mom is thinking about going to school. Otherwise the state reimbursing the money dollar for dollar what was paid in (no interest). If the child does go to college in the state it's a great return on investment because tuition 18 years ago (when the contract was), because tuition increases have been astronomical, but you essentially loose money if child does not go to college. It's a gamble. ETA: I am not an accountant. I may not have all the details of these types of accounts correct, but I think I got most of the differences. Someone else jump in and fix my reasoning if I am wrong. Quote Link to comment Share on other sites More sharing options...
Starr Posted March 4, 2014 Share Posted March 4, 2014 Now there's a helpful adult friend. Don't encourage teen to work things out with her parents. Instead sue them and charge them fees. Quote Link to comment Share on other sites More sharing options...
Cricket Posted March 4, 2014 Share Posted March 4, 2014 I am not really disagreeing with you......just playing the other side for sake of discussion. It really depends on what the parents have told the girl as she grew up. A lot of my friends tell thier kids.... Go to school, get good grades, we will pay for college. I am Completely making this up....i Really have no idea what happened but can see it being something like this based on personal experiences with friends. Now, lets say this girl isn't getting into trouble, but wants a bit of freedom because she is 18. Parents say, my way or the hi-way. Girl says fine, I have a place to stay, I will live there. Parents say, oh crap, she actually did it. Now we aren't going to pay for anything, including your current tuition. Girl says.....that wasn't part of the deal. You said, good grades....we will pay. Most parents don't include 'you must live at home, under our rules, until you graduate high school to get the deal'. Girl probably sees it as.....she would have moved away to college anyways. Why should they pull back her college payments/support payments just because she moved out 6 months early? I don't think every promise or statement a parent makes to a child should be legally binding and enforceable by a court of law. Quote Link to comment Share on other sites More sharing options...
Cinder Posted March 4, 2014 Share Posted March 4, 2014 Curious to see how this all works out. Quote Link to comment Share on other sites More sharing options...
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