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CalcuttaRain

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« #15 : March 04, 2014, 10:29:39 AM »

Could be wrong but most time when these types of stories come out there is something going on behind the scenes that is not covered in the report. I guess we will see, but I did see a reference to an in-place college fund.

In place college find could be any number of things but none of them are required to be spent on a particular person. It remains my money and there is no possible contractual obligation between parents and a minor.  Otherwise when you hug your wee ones and say mom and dad will always take care of you when they were 8 it binds you to provide for all their needs in perpetuity.

yeah, I don't disagree with your comment, I was just pointing out that there is usually more to the story, something else driving things or some undisclosed fact.

How about she is a complete and utter petulant **CENSORED**?

that is certainly a possibility and that seems to be the narrative the story plays to, but I would still guess there is something more.

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Cyrus

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« #16 : March 04, 2014, 10:30:02 AM »

"How about she is a complete and utter petulant **CENSORED**?"


Yes, she may be that.

But, now having established that, assuming this were your child and you're not taking a scorched-earth approach, what would you do?

CalcuttaRain

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« #17 : March 04, 2014, 10:41:12 AM »

a broader discussion, the law in NJ is pretty interesting:

http://www.dailyrecord.com/article/20140302/NJNEWS/303020017/Morris-Catholic-HS-senior-suing-parents-who-won-t-pay-college

Show the bravest of the brave kids that you have their back.  Go to http://www.childrenscancercenter.org/

Just check out the site or maybe like them on Facebook . .  or Share the site on Facebook, re-tweet one of their tweets.  Not everyone can give money to support this great cause, but its easy to give 10 seconds of your time to help spread the word about The Children\\\\\\\'s Cancer Center

dalbuc

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« #18 : March 04, 2014, 11:01:22 AM »

A lot to chew on in that article. Most  of it tells me NJ law is a train wreck. 

In New Jersey to show emancipation, "the child has moved beyond the sphere of influence and responsibility exercised by a parent and has obtained an independent status of his or her own". Basically says that if your child is a layabout they can remain under your petticoats because the question "is" not "should".

The more bizarre claim is this: "A key court decision in the state specifies that, “A child’s admittance and attendance at college will overcome the rebuttable presumption that a child may be emancipated at age 18.”   this claims that parents are on the hook for all expenses as long as the child is in college because a non emancipated child requires food, shelter, clothing, medical care ...the whole bit.  I don't see anything about progress towards degree or full time status for example. They also claim that the high school to college transition does not have to be end to beginning. You can have a hiatus and resume and be non-emancipated which is so full of stupid I can't fathom it.

All posts are opinions in case you are too stupid to figure that out on your own without me saying it over and over.

Cyrus

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« #19 : March 04, 2014, 11:24:05 AM »

All the more reason why relying on the court to settle things like this is a fool's errand.

I hope to see the judge defer (at least to some degree) to the social (family) service professionals
« : March 04, 2014, 11:25:45 AM Mr. Milich »

CalcuttaRain

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« #20 : March 04, 2014, 11:56:05 AM »

A lot to chew on in that article. Most  of it tells me NJ law is a train wreck. 

In New Jersey to show emancipation, "the child has moved beyond the sphere of influence and responsibility exercised by a parent and has obtained an independent status of his or her own". Basically says that if your child is a layabout they can remain under your petticoats because the question "is" not "should".

The more bizarre claim is this: "A key court decision in the state specifies that, “A child’s admittance and attendance at college will overcome the rebuttable presumption that a child may be emancipated at age 18.”    this claims that parents are on the hook for all expenses as long as the child is in college because a non emancipated child requires food, shelter, clothing, medical care ...the whole bit.  I don't see anything about progress towards degree or full time status for example. They also claim that the high school to college transition does not have to be end to beginning. You can have a hiatus and resume and be non-emancipated which is so full of stupid I can't fathom it.

I think that part  in bold is a little different than the way you phrased it. In NJ there is a presumption that a child is emancipated at age 18. the presumption can be rebutted by a number of factors, one of which is "admittance and attendance" at college, but that only rebuts the presumption, its still a fact-specific inquiry with the two parties on, essentially, equal footing.

that said, I agree the law is interesting to say the least

Show the bravest of the brave kids that you have their back.  Go to http://www.childrenscancercenter.org/

Just check out the site or maybe like them on Facebook . .  or Share the site on Facebook, re-tweet one of their tweets.  Not everyone can give money to support this great cause, but its easy to give 10 seconds of your time to help spread the word about The Children\\\\\\\'s Cancer Center

dalbuc

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« #21 : March 04, 2014, 01:48:08 PM »

Well reading this I think I agree with your reading more than my first glance. I think what you are looking at here is that the law is written to create a high barrier of proof to be declared emancipated. They don't want a bunch of kids declaring independence and not having a means of support. I doubt anyone considered how these rules would change when turned around and used to reject independence.

All posts are opinions in case you are too stupid to figure that out on your own without me saying it over and over.

spartan

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« #22 : March 04, 2014, 03:22:12 PM »

"How about she is a complete and utter petulant **CENSORED**?"


Yes, she may be that.

But, now having established that, assuming this were your child and you're not taking a scorched-earth approach, what would you do?

The same as I treat my 10 year old when she has a melt down. She gets nothing until she can act like normal human being who shows respect to her parents. Then and ONLY then she MAY be able to work towards what she wants. Depending on what it is of course. Ice cream before dinner for example ain't happening. Right now she is "earning" the right to go to a friends birthday party in 2 weeks which she lost because of her petulance.

A couple of years back during one of her monumental melt downs she blubbered out "you're not my friend" to her Mom.
My eldest was walking past at the time and said without nary a glance "correct, she's you're Mom".

spartan

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« #23 : March 04, 2014, 03:25:36 PM »

A lot to chew on in that article. Most  of it tells me NJ law is a train wreck. 

In New Jersey to show emancipation, "the child has moved beyond the sphere of influence and responsibility exercised by a parent and has obtained an independent status of his or her own". Basically says that if your child is a layabout they can remain under your petticoats because the question "is" not "should".

The more bizarre claim is this: "A key court decision in the state specifies that, “A child’s admittance and attendance at college will overcome the rebuttable presumption that a child may be emancipated at age 18.”    this claims that parents are on the hook for all expenses as long as the child is in college because a non emancipated child requires food, shelter, clothing, medical care ...the whole bit.  I don't see anything about progress towards degree or full time status for example. They also claim that the high school to college transition does not have to be end to beginning. You can have a hiatus and resume and be non-emancipated which is so full of stupid I can't fathom it.

I think that part  in bold is a little different than the way you phrased it. In NJ there is a presumption that a child is emancipated at age 18. the presumption can be rebutted by a number of factors, one of which is "admittance and attendance" at college, but that only rebuts the presumption, its still a fact-specific inquiry with the two parties on, essentially, equal footing.

that said, I agree the law is interesting to say the least

Here's a question then. If a "child" can force parents to pay for their college, whether the parents want to or not, what if the parents don't have the cash? Can the child/courts force them to sell their house for example? It's not like it's a legally enforceable debt is it? Sounds like a slippery slope to me.

GameTime

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« #24 : March 04, 2014, 04:30:14 PM »

in our America, she will probably win.

\"Lets put the O back in Country\"

cyberdude558

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« #25 : March 04, 2014, 06:41:41 PM »

With a hearing today, a judge has denied all her claims for the time being. Another hearing scheduled in April.

From the judge today:
"....what type of precedent are we setting if kids thumb their nose at parents then expect money?"

Cyrus

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« #26 : March 04, 2014, 07:15:11 PM »

With a hearing today, a judge has denied all her claims for the time being. Another hearing scheduled in April.

From the judge today:
"....what type of precedent are we setting if kids thumb their nose at parents then expect money?"

That's right judge, send 'em back to "arbitration". Force the kid and the parents to work it out.

What was it I was saying about that sleaze bag lawyer sticking his nose in?

What a jackass.


CalcuttaRain

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« #27 : March 04, 2014, 10:12:12 PM »

With a hearing today, a judge has denied all her claims for the time being. Another hearing scheduled in April.

From the judge today:
"....what type of precedent are we setting if kids thumb their nose at parents then expect money?"

reserved on tuition, thats April

Show the bravest of the brave kids that you have their back.  Go to http://www.childrenscancercenter.org/

Just check out the site or maybe like them on Facebook . .  or Share the site on Facebook, re-tweet one of their tweets.  Not everyone can give money to support this great cause, but its easy to give 10 seconds of your time to help spread the word about The Children\\\\\\\'s Cancer Center

Biggs3535

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« #28 : March 07, 2014, 10:29:25 AM »

What a peach this little girl is.  Here is a voicemail she left for her mother:

http://www.theblaze.com/stories/2014/03/06/read-the-shocking-message-left-by-spoiled-nj-teen-suing-her-parents-the-same-one-that-left-the-judge-so-angry/

Quote
‘Hi mom just to let you know you’re a real f***ing winner aren’t you you think you’re so cool and you think you caught me throwing up in the bathroom after eating an egg frittatta, yeah sorry that you have problems now and you need to harp on mine because i didn’t and i actually took a s*** which i really just wanna s*** all over your face right now because it looks like that anyway, anyway i f***ing hate you and um I’ve written you off so don’t talk to me, don’t do anything I’m blocking you from just about everything, have a nice life, bye mom’


CalcuttaRain

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« #29 : March 07, 2014, 10:44:08 AM »

This lawsuit was apparently funded by a friend's father - who likely only saw/heard the girl's side of things. Generally speaking though, in most disputes the attorneys sit down with their clients and say something along the lines of "once we go, you are going to be subject to harsh scrutiny . . . so what's the worst we will see?" 

Clients are not always honest . . . .  or wise . .

The question is: will this all die now or will it become an even uglier public mess . . .  there's more, but does anyone care to see it?

Show the bravest of the brave kids that you have their back.  Go to http://www.childrenscancercenter.org/

Just check out the site or maybe like them on Facebook . .  or Share the site on Facebook, re-tweet one of their tweets.  Not everyone can give money to support this great cause, but its easy to give 10 seconds of your time to help spread the word about The Children\\\\\\\'s Cancer Center
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