Teen Sues Parents for Cash, College Tuition. Does She Have a Case?

[SepiaAndDust]

Of course I read the post you were replying to.

Saying "she's a kid" IS disingenuous. She's not just "a kid".

You still knee-jerked to my response, assuming I agreed then with the poster you were replying to. I don't believe ANYONE is beyond hope, even hardened criminals in prison.

The girl is a kid. She's 18--she's untested, she doesn't know what she's capable of, she doesn't know what her limitations are, she hasn't known real hardship or true loss, and she hasn't even fully developed a system of values that will guide her through life.

Which pretty much defines the term "kid".


Or is it "disingenuous" that you need to look up? Do you not realize how insulting the term is?


Oh, or maybe you got the thought into your head that my saying "she's a kid" was me excusing her bad behavior because "she's just a kid"... nevermind that you won't find that sentiment anywhere in any of my posts.

So... what? You got that idea into your head and just ran with it, throwing in some potshots at my honesty while you were at it?

 

[keith99]

I'm actually thinking she's a good kid who got mixed up with someone not-so-good and the quicker she gets away from that influence, the quicker she'll get her common sense back. And hopefully her parents will actually parent her for a bit.

I don't think I'd go quite that far. But I'll sure say she is likely a flawed person who has some very positive characteristics.

Heck it is entirely possible this whole thing is because she took one wrong step and ended up on a path she could not backtrack from.

I'm glad so see that both she and her parents have a real second chance.

 

[keith99]

The girl is a kid. She's 18--she's untested, she doesn't know what she's capable of, she doesn't know what her limitations are, she hasn't known real hardship or true loss, and she hasn't even fully developed a system of values that will guide her through life.

Which pretty much defines the term "kid".


Or is it "disingenuous" that you need to look up? Do you not realize how insulting the term is?


Oh, or maybe you got the thought into your head that my saying "she's a kid" was me excusing her bad behavior because "she's just a kid"... nevermind that you won't find that sentiment anywhere in any of my posts.

So... what? You got that idea into your head and just ran with it, throwing in some potshots at my honesty while you were at it?

Unfortunately 'Kid' and just about any substitute usually comes with different baggage in different peoples minds.

I'm fine with calling her a kid. I'm fine with all you said in this post. You even explicitly covered that you are NOT excusing her behavior.

My only nit to pick with you on this post is you did not explicitly say that her being a kid is no reason to not listen to or dismiss out of hand what she says. I DO NOT think you have that attitude, so it truly is just a nit of not making it explicit.

(Just for the record, I have a very strong bias when it comes to paying attention to what 'kids' say when it comes to serious matters. Perhaps it comes down to having to make decisions that could have had a drastic impact on the rest of my life before my 18th birthday).

 

[Supreme]

The parents rules do seem rather draconian in my books. But she left. She doesn't have a right to their money because she left and she didn't abide by their rules. Families can be irrepairably torn apart by things like this. I only hope this court case doesn't do that to this family.

 

[PreachersWife2004]

The parents rules do seem rather draconian in my books. But she left. She doesn't have a right to their money because she left and she didn't abide by their rules. Families can be irrepairably torn apart by things like this. I only hope this court case doesn't do that to this family.

I'm curious exactly what rules you thought were draconian.

They're all rules I grew up with, and they're the typical rules that we enforce with our 18 year old.

 

[FreeSpirit74]

I'm curious about those rules too. When I was living at home it was very simple - until I was paying for my own housing, I didn't have any say in the house rules. If I was using their car to get around (as opposed to owning my own and paying for it) I only got the car if both of them didn't need it and, if I said I was going to a certain place than that darn well better be where I was going and nowhere else (& nothing sucks worse than losing car privileges, especially considering my bf at that time was visually impaired and couldn't drive).

 

[Habbit Animal]

The kid excuse in this report makes me worry about people that invoke that were they to be parents.
I'm thinking of the two psychopath girls that tortured the autistic little boy and who's offense is in the news forum too. That same excuse is going to be used for them? Oh, their kids!

This girl in this particular report is 18!
She feels she's old enough not to live by her parents rules, she stops being a kid! By legal standards especially now that she's legally an adult. That means she's responsible for her actions.

She's a kid? Oh, OK. She's a brat who holds her parents is repugnant contempt! And she expects them to pay her way. That's not a kid! That's a sociopath.

 

[SepiaAndDust]

By legal standards especially now that she's legally an adult.

She's not legally an emancipated adult by the laws of New Jersey. Her parents are still legally responsible for her welfare, so she's still a kid.

 

[SepiaAndDust]

She's a kid? Oh, OK. She's a brat who holds her parents is repugnant contempt! And she expects them to pay her way. That's not a kid! That's a sociopath.

Or a teenager.

In any event, nobody in this thread has excused her actions "because she's just a kid".

 

[Habbit Animal]

Wrong! Emancipation is reached according to NJ law when she turned 18.
She's legally the age of majority according to New Jersey law.
And they're making excuses for her actions because "she's just a kid'.

 

[SepiaAndDust]

Wrong! Emancipation is reached according to NJ law when she turned 18.
She's legally the age of majority according to New Jersey law.
And they're making excuses for her actions because "she's just a kid'.

You might want to look that up again. Use something other than Wiki.

Who is excusing her actions because "she's just a kid"? Name names.

 

[Habbit Animal]

I never use Wiki.

I'm referring to Findlaw and the NJ law blog when I cite my facts. Normally I'd add the links to prove my point. But why do the lazy man's job for him when his arrogance would rather spout than show proof.
You might want to give those a shot before you make unsubstantiated allegations and then aren't able to admit you're wrong.

 

[SepiaAndDust]

I never use Wiki.

I'm referring to Findlaw and the NJ law blog when I cite my facts.
You might want to give those a shot before you make unsubstantiated allegations and then aren't able to admit you're wrong.

Maybe look up the term "independent status on his or her own". New Jersey has no set age for emancipation.

Now just admit that you're wrong.

 

[Habbit Animal]

Because ''when is a child emancipated new jersey law' , didn't show the results you want to push contrary to the truth.

 

[HannahT]

I think her girlfriend's father - the house she ran too? He, along with others steered her down the wrong road. 18 year olds - most of them NOT all - can be easily influenced. They should have found ways to bring the family together after the waters calmed down a bit. Instead, I think they might have pushed the contempt instead. The lawyer father then forked out 11,000 dollars for legal fees?

Since the judge already told him the parents aren't paying this? I have no doubt this irrational 'lawyer' will once again ask for reimbursement. This time from Rachel - thinking the parents will pay it that way.

They need to get their family back on track, and she still needs a wake up call. When Mr. Lawyer Friend sues Rachel for costs? I hope the parents allow her to pay for it. The courts won't force a HUGE payment plan, because she doesn't have the resources to pay that. It will take her forever to pay the man back, and it will be on HER because I have no doubt in my mind he asked her to 'sign' something. The 'kid' factor won't be there legally at that point, and she will have to face realities. Her parents would just be enabling the monster by paying it for her. She needs to feel the burden. That's part of growing UP!

I blame partly the outside influences in this case, and I have no doubt those 'influences' are going to sue her for costs they are out at this point. Living with your bad decisions should be part of this girl's future. Otherwise, I'm afraid she won't learn anything from this.

 

[SepiaAndDust]

Because ''when is a child emancipated new jersey law' , didn't show the results you want to push contrary to the truth.

From CONWAY v. CONWAY:

Emancipation of a child occurs "when the fundamental dependent relationship between parent and child is terminated. When a child moves beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status on his or her own, generally he or she will be deemed emancipated." Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div. 1995) (emphasis in original).

New Jersey law does not fix an age at which emancipation occurs. Youssefi v. Youssefi, 328 N.J. Super. 12, 23 (App. Div. 2000); Wanner v. Litvak, 179 N.J. Super. 607, 612 (App. Div. 1981).

N.J.S.A. 9:17B-3 establishes as a presumption that emancipation will occur when a child reaches majority at the age of eighteen, however, that presumption is rebuttable. Weitzman v. Weitzman, 228 N.J. Super. 346, 356 (App. Div. 1988), certif. denied, 114 N.J. 505 (1989).

Newburgh v. Arrigo might also yield relevant results for this particular case.

 

[Habbit Animal]

She's clearly under the impression she's entitled to receive, but not entitled to give even respect to her parents.
Especially her own mother. She's a disgrace. And thankfully it's now public knowledge.
Kids today are being told they're in charge. People owe them. If someone tries to instill discipline, report them for abuse, etc...

When her parents made the mistake of letting her come back into their home they insured she'd not learn from this. The suit is still pending on her part. She's ungrateful even now. When she should be homeless because her parents refused to let someone they can't trust back under their roof.
She's capable of anything at this point.

 

[Habbit Animal]

FIND LAW:New Jersey Legal Ages Laws

 

[SepiaAndDust]

FIND LAW:New Jersey Legal Ages Laws

Your own cite says "Eligibility for Emancipation Not specified"

 

[HannahT]

When Rachel's lawyer SUES her for payment of the legal fees? lol she signed something, and 'emancipation' in this case won't be a factor.

I pray the family gets it together, and she learns something.