the next guy
Superstar
http://www.nj.com/morris/index.ssf/...t_were_a_divorce_case.html#incart_flyout_news
MORRISTOWN — Attorneys who specialize in family law say an 18-year-old Morris County woman faces an uphill battle in suing her parents for financial support after she moved out of their house.
But they say her chances of forcing her parents to pay for her private school and college tuition would be better if they were involved in a divorce case.
A Superior Court judge on Tuesday refused to grant the emergency order sought by Rachel Canning, which would have required her parents, Sean and Elizabeth Canning of Lincoln Park, to pay her child support, college expenses, legal fees and tuition at Morris Catholic High School in Denville, where she is a senior and an honor student.
However, Judge Peter Bogaard in the Family Division in Morristown did not dismiss the case and scheduled another hearing for April 22 as it heads toward a possible trial. Rachel Canning moved out of her parents’ house Oct. 30, rather than follow their order to break up with her boyfriend. They then refused to continue paying her bills.
“If her parents were divorcing, she would have a good chance,” said Randi Mandelbaum, a clinical law professor at Rutgers-Newark and director of a child advocacy program. “The rights of kids to college whose parents haven’t divorced aren’t there.”
In divorce or custody cases, children are not normally the ones suing and who is paying private school and college costs, along with child support, may be negotiated among the parties or ordered by a judge.
"A decree or settlement can include support or tuition payments," Mandelbaum said. "The distinction is you haven't seen it much in a non-divorce situation."
The issue arose recently when a New Jersey father was ordered to uphold the terms of his divorce and pay half of his daughter's law school expenses, under an appeals court decision.
The judges, sitting in Middlesex County, upheld a lower court's decision and told Rutgers University history professor James C. Livingston he'll have to give his daughter more than $112,000 so she can pay the $225,000 tab to attend Cornell Law School.
A case that could be seen as something of a precedent for the Canning case occurred in Cape May County in 1988, when an adult daughter sued her divorced parents to "defray the cost of college," after both refused to pay.
In the suit, Johnson vs. Bradbury, the daughter sought money from her father, based on his "oral promises," and against the mother, based on "the common-law principles" of having parents pay educational expenses.
Although the suit was dismissed in Superior Court, an appeals court ruled in the daughter's favor, even though the father had moved to Florida.
The Canning case, as it moves forward, will center on the question of whether Canning, at 18, is “emancipated,” or not dependent on her parents. Lawyers for the two sides are arguing over that, with the parents' attorney saying Rachel effectively declared herself "emancipated" when she moved out of the house.
At a hearing on April 22 before Judge Bogaard, the parties will address financial issues, including child support, high school tuition and college expenses. Bogaard also issued an order "encouraging" the parties to explore the option of family counseling
Mandelbaum held out the possibility the judge “may be sympathetic” to Canning because she’s still in high school.
“That may get her the money for high school, but I don’t know about beyond that,” Mandelbaum said. “Otherwise, the judge would open the floodgates for anyone whose parents are not paying for college.”
Attorney Silvana Raso, who has been practicing family law for 20 years, said if the judge does decide that Rachel Canning is not “emancipated,” that doesn’t necessarily mean her parents would have to pay for private school and college.
“Obviously parents have an obligation to support their child. But if she is asking for luxuries, the parents are not obligated to pay,” added Raso, a partner in an Englewood Cliffs law firm.
Noting that Canning is seeking child support, Raso said, “Be careful what you ask for.”
In a child support case, “The state has an obligation to not put someone out on the street,” Raso said. The court could appoint a legal guardian for Canning, which she might not like.
On Oct. 30, two days before her 18th birthday, Canning left her parents’ house and moved in with a friend in Rockaway Township who is the daughter of attorney and former Morris County freeholder John Inglesino, who has advanced Canning’s legal fees.
“Child support is dealt with in terms of necessities. It would not go to private school or college, but just to food and shelter,” Raso said.
But she acknowledged, “The court might be receptive to the argument that it would be detrimental for her to change schools. The question: Is this private school a luxury or a necessity for the child?”
“These issues are more normally dealt with in divorce or child custody situations,” Raso added. “It’s a fascinating story and I’m sure it’s going to establish a legal precedent.”
A third family attorney, Bari Weinberger, said she believes Rachel's chances of prevailing in any area of the case are "slim."
"Parents have a fundamental right to raise and control their children as they see fit. If they don't want to send their child to that private school, they don't have to," added Weinberger, who manages a four-office family law practice out of her office in Parsippany.
"It is egregious that the child ran away," she added, saying that weakens here case even more.
But in divorce and custody cases, the question of children's education is something "we deal with all the time," Weinberger added.
"When we're drafting an agreement," how the children's education is to be paid for "is always going to be intertwined," she said.
MORRISTOWN — Attorneys who specialize in family law say an 18-year-old Morris County woman faces an uphill battle in suing her parents for financial support after she moved out of their house.
But they say her chances of forcing her parents to pay for her private school and college tuition would be better if they were involved in a divorce case.
A Superior Court judge on Tuesday refused to grant the emergency order sought by Rachel Canning, which would have required her parents, Sean and Elizabeth Canning of Lincoln Park, to pay her child support, college expenses, legal fees and tuition at Morris Catholic High School in Denville, where she is a senior and an honor student.
However, Judge Peter Bogaard in the Family Division in Morristown did not dismiss the case and scheduled another hearing for April 22 as it heads toward a possible trial. Rachel Canning moved out of her parents’ house Oct. 30, rather than follow their order to break up with her boyfriend. They then refused to continue paying her bills.
“If her parents were divorcing, she would have a good chance,” said Randi Mandelbaum, a clinical law professor at Rutgers-Newark and director of a child advocacy program. “The rights of kids to college whose parents haven’t divorced aren’t there.”
In divorce or custody cases, children are not normally the ones suing and who is paying private school and college costs, along with child support, may be negotiated among the parties or ordered by a judge.
"A decree or settlement can include support or tuition payments," Mandelbaum said. "The distinction is you haven't seen it much in a non-divorce situation."
The issue arose recently when a New Jersey father was ordered to uphold the terms of his divorce and pay half of his daughter's law school expenses, under an appeals court decision.
The judges, sitting in Middlesex County, upheld a lower court's decision and told Rutgers University history professor James C. Livingston he'll have to give his daughter more than $112,000 so she can pay the $225,000 tab to attend Cornell Law School.
A case that could be seen as something of a precedent for the Canning case occurred in Cape May County in 1988, when an adult daughter sued her divorced parents to "defray the cost of college," after both refused to pay.
In the suit, Johnson vs. Bradbury, the daughter sought money from her father, based on his "oral promises," and against the mother, based on "the common-law principles" of having parents pay educational expenses.
Although the suit was dismissed in Superior Court, an appeals court ruled in the daughter's favor, even though the father had moved to Florida.
The Canning case, as it moves forward, will center on the question of whether Canning, at 18, is “emancipated,” or not dependent on her parents. Lawyers for the two sides are arguing over that, with the parents' attorney saying Rachel effectively declared herself "emancipated" when she moved out of the house.
At a hearing on April 22 before Judge Bogaard, the parties will address financial issues, including child support, high school tuition and college expenses. Bogaard also issued an order "encouraging" the parties to explore the option of family counseling
Mandelbaum held out the possibility the judge “may be sympathetic” to Canning because she’s still in high school.
“That may get her the money for high school, but I don’t know about beyond that,” Mandelbaum said. “Otherwise, the judge would open the floodgates for anyone whose parents are not paying for college.”
Attorney Silvana Raso, who has been practicing family law for 20 years, said if the judge does decide that Rachel Canning is not “emancipated,” that doesn’t necessarily mean her parents would have to pay for private school and college.
“Obviously parents have an obligation to support their child. But if she is asking for luxuries, the parents are not obligated to pay,” added Raso, a partner in an Englewood Cliffs law firm.
Noting that Canning is seeking child support, Raso said, “Be careful what you ask for.”
In a child support case, “The state has an obligation to not put someone out on the street,” Raso said. The court could appoint a legal guardian for Canning, which she might not like.
On Oct. 30, two days before her 18th birthday, Canning left her parents’ house and moved in with a friend in Rockaway Township who is the daughter of attorney and former Morris County freeholder John Inglesino, who has advanced Canning’s legal fees.
“Child support is dealt with in terms of necessities. It would not go to private school or college, but just to food and shelter,” Raso said.
But she acknowledged, “The court might be receptive to the argument that it would be detrimental for her to change schools. The question: Is this private school a luxury or a necessity for the child?”
“These issues are more normally dealt with in divorce or child custody situations,” Raso added. “It’s a fascinating story and I’m sure it’s going to establish a legal precedent.”
A third family attorney, Bari Weinberger, said she believes Rachel's chances of prevailing in any area of the case are "slim."
"Parents have a fundamental right to raise and control their children as they see fit. If they don't want to send their child to that private school, they don't have to," added Weinberger, who manages a four-office family law practice out of her office in Parsippany.
"It is egregious that the child ran away," she added, saying that weakens here case even more.
But in divorce and custody cases, the question of children's education is something "we deal with all the time," Weinberger added.
"When we're drafting an agreement," how the children's education is to be paid for "is always going to be intertwined," she said.
@ Other students having been raising funds for her
I hope she spills her starbucks all over herself.