Folks,
I represent a father ("Dad") whose son ("Son") voluntarily moved out of Dad's home (Dad shares home with StepMom), after which Son filed an FD action to collect support (including community college expenses) from Dad. Mom lives in another state, and has not been heard from.
At the first court appearance, trial judge seemed poised to order support, over my objection. Trial judge ordered Son to produce accounting of expenses. Second court appearance is coming up.
Most of us know about the Morris County case Canning v. Canning. However, Miss Canning dismissed her case against her parents before the court ruled. Most of us also know about the Camden County case Ricci v. Ricci. In that case, even though the Appellate Division upheld the trial court's decision allowing Miss Caitlyn Ricci to intervene in her parents' case, it also ruled that the college contribution issue could not be addressed until the trial court conducted a plenary hearing on emancipation. After the App. Div. ruling it was reported that the Ricci parties withdrew the case. So neither Canning nor Ricci resulted in definitive rulings.
So my question is this: Does anyone know of another case on point? That is, can a "child" who voluntarily moves out of parents' home subsequently demand support and college costs, and can a trial court grant these costs relying solely on Newburgh and Gac?
Thanks much,
Ed
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Edward J. Zohn, Attorney at Law
Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059
908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax
Chair, NJ State Bar Association Solo and Small-Firm Section
www.zohnlaw.com