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NJ Teen Sues Parents for Allegedly Kicking Her Out

  • 1.  NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 02:33 PM
      |   view attached
    Thoughts?

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    Jenny Berse Esq.
    Cranford NJ
    (855) FAM-LAW1

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  • 2.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 02:58 PM
    I have long thought that NJ law that mandates divorced parents to pay for their children's college and provide support whilst they are college students violates the equal protection rights of children of intact families if their rights to college support are not enforced.  I hope this case does not make bad law that might ripple out to kids of divorced families if there is no right to parental support after 18.  I think we all have to reconsider emancipation in light of college being the "new" high school for most young people's career prospects - our society has to embrace a commitment to all young people's higher education.  Either we have to make meaningful higher education really inexpensive so kids can afford it on their own - or parents have to have some longer term obligations to assist their children.  We can't have another generation of people coming out of college/grad school $100's of thousands of dollars in debt and compete with nations that provide free higher education to their young people.

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660

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  • 3.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:03 PM

    Well said. I couldn't agree more.
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    Arlene Albino Esq.
    Sparta NJ
    (973)729-3888

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  • 4.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:04 PM
    Great comments Deb, as always!

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    Jenny Berse Esq.
    Cranford NJ
    (855)FAM-LAW1

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  • 5.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:13 PM
    Deb:

    Maybe we could use this argument to get school funding for  LGBTQ kids thrown out by their parents.

    Bill

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    William Singer Esq.
    Belle Mead NJ
    (908)359-7873

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  • 6.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:25 PM
    I recently completed a 40 hour divorce mediation training course in Florida, where I learned about Florida law (such as it is). I was shocked to learn that children are emancipated at age 18, or graduation from high school at age 19. Moreover, parents in Florida are NOT legally required to pay for college or for child support regardless of the circumstances. I understand that other states adhere to the Florida view. 

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    Bonnie Blume Goldsamt Esq.
    Verona NJ
    (973) 857-6220

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  • 7.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:29 PM
    What about R. 5:6A, comment 2.2.1:  "Although an emancipated child has a right to intervene in one parent's action to compel other parent to contribute to college expenses, an unemancipated child may not, the custodial parent deemed to be protecting that child's interests. White v. White, 313 N.J. Super. 637 (Ch. Div. 1998). See also Johnson v. Bradbury, 233 N.J. Super. 129 (App. Div. 1989), recognizing the right of an adult child to sue either parent for college assistance under either a contract theory or the guidelines of Newburgh v. Arrigo, 88 N.J. 529 (1982)."


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    Jenny Berse Esq.
    Cranford NJ
    (855) FAM-LAW1

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  • 8.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:16 PM
    Deb,

    Couldn't agree more. I have had to counsel clients numerous times that children of divorced parents have more rights than children of intact families. Nuts, but true. I once had a client who wanted to change venue to PA, where there is no mandate to pay for college.

    Then again, I have seen the kind of debt lawyers and doctors carry coming out of law or medical school between college and graduate school, and it is horrifying. Some haven't paid it off by the time they are ready to retire.

    Hard to know how to help this ongoing problem.

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    Felice Londa Esq.
    Elizabeth NJ
    (908) 353-5600

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  • 9.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:30 PM
    But--remember under UIFSA:  the law of the state which issues the first CS order determines when support ends; therefore, registering a NJ support order (or divorce judgment) in another state will not shorten the period of time that the parents are legally obligated to support their child.  Yes, most states end support upon graduation from high school (or 18, whichever last occurs), but if the initial support order is from NJ, it is NJ law which determines when support ends--and vice versa when an out-of-state order (such as one from PA) is registered in NJ and the NJ custodial parent seeks CS through college (which PA does not allow a court to order).

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    Gary L. Borger, Esquire
    Borger Jones Matez & Keeley-Cain P.A.
    1415 Marlton Pike East, Suite 305
    Cherry Hill, NJ 08034-2210
    (856) 424-3444
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  • 10.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:35 PM
    Hi.  I often thought the same as Deb; i.e., that children of intact families don't get the same protection.  I'm unclear from the discussion stream whether this case has just been filed in Chancery somewhere or is at the appellate division. 

    If it's in the Chancery can we intervene (is that the proper term) to assist the child; if its in A.D., can we file an amicus?

    Wondering?

    Marianne

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    Marianne Auriemma Esq.
    Maywood NJ
    (201)712-9663

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  • 11.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 05:00 PM
    Marianne,
    Only the NJSBA has the right to intervene or enter as an amicus. The sections have no authority to do it alone. However, if  FLEC thinks this is important, it can make a proposal to the Amicus Committee to have the bar association take a position. The Amicus Committee gathers all the information and makes a recommendation to the Board of Trustees (or more likely to the NJSBA Executive Committee) which makes the ultimate decision.

    I have been on th Amicus Committee for several years, and it is rare for the bar association to enter a casebefore it reaches the NJ Supreme Court, or at least (and rarely) is at the App. Div. level. I do not recall us ever coming in at the trial level.
    Felice

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    Felice Londa Esq.
    Elizabeth NJ
    (908) 353-5600

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  • 12.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:06 PM
    From the article, the factual issue is whether the daughter "self emancipated" -- or did not.

    A much tougher issue has to do with college funding, even if the child is NOT deemed emancipated.  Newburgh and progeny deal with children of divorce, not children of an intact marriage where the parents and the child are at odds.

    I have always thought there is an excellent equal protection argument to be made in cases like the one this young woman has brought:  if education is so important to children of divorce, then what about children of intact marriages where the parents jointly say "we aren't funding you for college"?

    Billy Laufer, quoted in the article, said he hasn't seen this claim in 40 years.  It was bound to happen; just a matter of timing and circumstances.

    Hanan






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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 13.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:26 PM
    I recall an equal protection challenge rebuffed by the App Div, maybe in the 90s.

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    Gary L. Borger, Esquire
    Borger Jones Matez & Keeley-Cain P.A.
    1415 Marlton Pike East, Suite 305
    Cherry Hill, NJ 08034-2210
    (856) 424-3444
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  • 14.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:28 PM
    Just a correction. Divorcing parents in Florida are not required to pay child support after age 18, even if the child is in college.

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    Bonnie Blume Goldsamt Esq.
    Verona NJ
    (973) 857-6220

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  • 15.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:43 PM
    I think it was either the beginning of 1994 or maybe 1993.There was also a Bill that cleared one house by a landslide, doing away with contribution altogether, only to die in the other. Family Bar opposed it and there was an article published around that time in the NJFL.I could be very, very wrong, but I think Mark Biel was Chair of the Section at around that time. I don't have any resources available to me where I am right now, do these are only gross approximations and guesses. Sorry I can't be more precise.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 16.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 03:46 PM
    If anything, any intervention should be on behalf of the parents.

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    Thomas McKinney Esq
    Hawthorne NJ
    (973)423-4200

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  • 17.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 08:25 PM
    Well, it's a tad early to be deciding who's right on the merits based solely on the information provided in an article.

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 18.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 04:13 PM
    We find no merit to defendant's argument that compelling a non-custodial parent to contribute to college expenses when such an obligation is not imposed upon a parent in general is a violation of the Federal or State Constitution. The Gac court specifically declined to consider the issue since it had not been raised below. 186 N.J. at 547, 897 A.2d 1018. Defendant provides no specific support for his argument.

    We simply note that unlike the circumstances presented in Gac, in this case, defendant voluntarily executed a PSA that obligated him to contribute to his daughter's college expenses to the best of his ability. Defendant willingly accepted such responsibility. As such, we fail to see any validity to defendant's constitutional claim. See R. 2:11-3(e)(1)(E).

    Orero v. Orero
    Not Reported in A.2d, 2010 WL 596980
    N.J.Super.A.D.,2010.
    February 19, 2010 (Approx. 4 pages)

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    Gary L. Borger, Esquire
    Borger Jones Matez & Keeley-Cain P.A.
    1415 Marlton Pike East, Suite 305
    Cherry Hill, NJ 08034-2210
    (856) 424-3444
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  • 19.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 07:58 PM

    But what about the opposite argument, such as the one the young lady in the article is raising in her lawsuit against her still-married  and not separated parents:  I want to attend college, and these folks are holding me back educationally and economically?

    Has that theory been ruled on?  Seems like a pretty good equal protection argument.

    Why should the marital status of one's parents make a difference?

    Hanan



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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 20.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 08:50 PM
    This case reminds me of the grandparent visitation case where the  grandmother  sought visitation over the objections of her daughter and husband ( married couple ), where the married couple did not want grandma visiting with their child?
    Remember the concept of the pendulum swinging too far to a side.... A ruling in the daughters favor could very easily be that pendulum swinging  wildly and perceived by the public as outrageous and an undue infringement into the intact  family structure.  
    I am glad not to be the judge trying to figure out how to help this young lady with her future and at the same time respect the parents and their value system.

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    Richard Diamond Esq.
    Millburn NJ
    (973)379-9292

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  • 21.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 09:07 PM
    Interesting.

    I had thought of another analogy to the grandparent visitation cases:

    It used to be the "in law" issue, where a son or daughter died and the surviving parent excluded her or his in laws' rights to see the grandkids.  At some point, the analysis shifted where one's own child could not exclude his/her own parent from seeing a child.  There is an equal protection argument there as well.

    And there is certainly a risk of the swinging pendulum, as you say.

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 22.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 09:22 PM
    It will be interesting to see whether the Court will go so far as to state that Newburgh and its progeny applies to all parents, regardless of marital status.  However, the one factor in this case that will be critical is whether this young lady is emancipated or not.  This is not simply a case where the daughter is saying "I want to go to college; you have the financial resources to pay for it; your refusal to do so is preventing me from pursuing my education."  Rather, the factual "fly in the ointment" here is that this young lady is no longer living under her parents' roof but still wants them to foot all of her education bills - she is claiming they kicked her out; parents are claiming she left of her own free will.  If the Court finds that she left voluntarily, it may not need to make a decision as to whether the obligation to provide for a college education extends to an intact family.

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    Nancy Marchioni Esq.
    Middlesex NJ
    (732)667-3668

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  • 23.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 09:40 PM
    I agree completely.

    I am not predicting how this matter comes out, if it even proceeds, just agreeing with those who observe that children are children, regardless of the status of their parents' marriages -- or if their parents ever married.

    If Newburgh makes New Jersey an enlightened jurisdiction, as John Paone's editorial stated almost 20 years ago, then the enlightenment should extend to all young adults, not just those freighted with separated or divorced parents.

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 24.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 04:08 PM
    Please see Chair's Column: Bar Opposes Ban on College Education by John P. Paone Jr., July 1995 issue of NJFL, Vol. 15, Issue #4.

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    Charles Vuotto Esq.
    Matawan NJ
    (732)696-2500

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  • 25.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 04:09 PM
    Thanks, Chuck; that's the one I was talking about.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 26.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 04:16 PM
    Not having past copies of the NJFL, can you advise as to where one might find the column to which you refer? Thanks.

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    William Exaros Esq
    Bethlehem PA
    (973) 993-8788

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  • 27.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 04:27 PM

    1.       Login at www.njsba.com

    2.       From green navigation bar Choose "About NJSBA"

    3.       On the right, choose "Sections"

    4.       Choose "Family Law Section"

    5.       You are now on the Family Law microsite - from the blue navigation bar choose "Library"

    6.     The library folders will appear. Click the plus sign next to NJ Family Lawyer and folders according to the publication year will appear. Click on that folder and the    files will appear on the right. Double click on the title of the NJ Family Lawyer
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    Charles Vuotto Esq.
    Matawan NJ
    (732)696-2500

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  • 28.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 04:42 PM
    Thank you very much Chuck.

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    William Exaros Esq
    Bethlehem PA
    (973) 993-8788

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  • 29.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 05:00 PM
    Hello everyone,
    Regarding the article that Chuck refers to in the New Jersey Family Lawyer Vol. 15 No. 4 which is from 1995, the library in your Family Law Section microsite only goes back to 2000.

    I located the issue here at the Law Center and scanned those pages for you. 

    Click here to get the article from the Chair's Column in NJFL v15n4.


    All the best,
    Barb

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    Barbara Straczynski
    Director of New Media and Promotions
    New Jersey State Bar Association
    New Brunswick NJ
    (732) 937-7524
    [email protected]
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  • 30.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 05:27 PM
    Thanks Barb!!! 

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    Jenny Berse Esq.
    Cranford NJ
    (855) FAM-LAW1

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  • 31.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-03-2014 07:38 PM
    Wow!!  That is great service.  Thanks, Barbara.

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 32.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-04-2014 10:22 AM
    No problem at all everyone. Happy to help.

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    Barbara Straczynski
    Director of New Media and Promotions
    New Jersey State Bar Association
    New Brunswick NJ
    (732) 937-7524
    [email protected]
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  • 33.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-04-2014 03:13 PM
      |   view attached
    Hello everyone,

    Court documents in Rachel Canning vs. Sean Canning and Elizabeth Canning have been posted to your section's library, as well as attached with this email. You will need to login at njsba.com to access the library entry. Please contact member services at 732-249-5000 if you need assistance with your username and password.

    All the best,
    Barb

    -------------------------------------------
    Barbara Straczynski
    Director of New Media and Promotions
    New Jersey State Bar Association
    New Brunswick NJ
    (732) 937-7524
    [email protected]
    -------------------------------------------






    Attachment(s)

    pdf
    Rachel Canning.pdf   3.12 MB 1 version


  • 34.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 08:29 AM
    Having read all the court filings on Canning, and having heard the Judge's preliminary decision, it appears that the primary issue here is whether the Court has legal authority to make determinations of support for an 18 year old child of an intact family. The Judge denied temporary child support for the child, and further denied the daughter's request for her parents to pay for her last year of high school at Morris Catholic. The Judge set a review hearing for whether the parents should pay for her college expenses, apparently taking into consideration any college funds earmarked for the child's higher education. If the court award such relief, it would seem inconsistent with his preliminary decision denying private school contribution and temporary support. Indeed the court has the jurisdiction to order such relief relative to divorced families - setting up an Equal Protection argument. If the Judge orders the parents to fund the child's college education (right or wrong) this will certainly open the door for many "adult" children to sue their parents to fund higher educational costs. Sounds like family therapy may be the right way to go! 


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    Faith Ullmann Esq.
    Newton NJ
    (973)579-9700

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  • 35.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 08:55 AM
    This entire case may impact the holding in Newburgh v. Arrigo. The equal protection argument hasn't yet been squarely addressed by the New Jersey Supreme Court. How do children of separated or divorcing parents get more rights than children of intact families. Does estrangement of children and parents give the children more rights than families without estrangement? If this case goes up, Newburgh may go down at some point soon thereafter. More to follow.

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    Mark Gruber Esq.
    Hopatcong NJ
    (973)398-7500

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  • 36.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 09:53 AM


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    Thomas Dilts Esq.
    Somerville NJ
    (908)725-1776

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    While it is possible a higher court decision could impact Newburgh, I think it is unlikely. The parens patriae doctrine is the underpinning to the right of the State to intervene into the family affairs of divorcing parents. That is, because the family unit is no longer intact, the child is at risk of being neglected or even abused by divorcing parents and the Legislature and the Court are permitted to intervene to act to protect the child by ensuring that support and education are provided.

    Equal protection disparities abound in family law. What about the right of non-custodial parents to relocate out of New Jersey without court approval, whereas the custodial parent must have consent or court approval? This is probably the most obvious example. And yet, the best interests of the child provide a legally sufficient basis for the exercise of its parens patriae powers and is legally sufficient to sustain this obviously unequal result.

    It is difficult to imagine a scenario where the fundamental (and constitutionally recognized) right of intact parents to raise and control their 18-year-old children as they see fit and make judgments that parents have been permitted to make would be disturbed. The Supreme Court decision in Troxel v. Granville, and its progeny, support the right of non-divorcing parents to make these judgments. "The interest of parents in the care, custody and control of their children--is perhaps the oldest of the fundamental liberty interests recognized by this Court." 530 US at 65 (2000). There are limits to the power of the State to intervene--both legal and practical. The current focus certainly gives an opportunity to articulate the limits, rights and responsibilities of parents--and children.

    Interesting questions--and interesting times.






  • 37.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 01:52 PM
    I agree, word-for-word, with the observations of "Thomas Dilts."

    Independently, however, I do believe it will be an extremely cold, dark day when the government decides to intervene in non-abusive parental decisions in the context of in-tact families. And, as a former highly placed NJ Jurist once said at a vastly attended public forum, "I don't know that we have an Equal Protection Clause in the NJ Constitution (a deliberate paraphrase)."

    Is forcing in-tact family parents to do what parents of divorce are compelled to do really the solution to the strange dichotomy that was once raised when comparing palimony to divorce claims in this State? Certainly open to a lot of debate and it really comes down to a terrific balancing test. There are other answers lurking beyond the four corners of Family Law, I suspect, including incentives, for example. IMO

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 38.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 02:16 PM

    Curt (and others)

    If the value of higher education is so elevated, then why restrict its mandate to adult dependent children of divorcing parties?

    If the value of higher education is not elevated enough to impose on intact households, then why force divorcing parties to fund it?

    As Emerson said, "A foolish consistency is the hobgoblin of little minds."

    What do we call a foolish inconsistency? A violation of equal protection under the law, perhaps.

    Hanan

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 39.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 02:36 PM
    To Hanon (and others)...

    Oddly, since we are virtual brothers, I am not sure if you are agreeing with my observations or not. My practice has indicated over the past many years that, with remarkably few exceptions, the college educated are not sharing the same elevation as those not so educated, yet successful in business. What we have among the college graduates and particularly those receiving terminal degrees and higher, is crushing educational debt and sacrifice sprawling into their collective futures, including those who have received a ton of support from their parents, intact and otherwise. College is no panacea and certainly no sine qua non for a healthy, growing and proud society.

    Please regard this as one argument, and not mine personally, as I will die for the most part with my own beliefs as they concern morals and values, and not purely the law. Thanks!







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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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  • 40.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 04:10 PM
    Curt,

    I would be honored to be your brother.  To qualify, you would just have to spell my first name correctly.  Low threshold.

    I tried to say that your legal and public policy analysis may prove correct, but the foundation of the argument is odd and troubling.

    I have read data that college educated people make more money than those who are not.

    But if that is the basis for the policy, then every parent should be required to fund higher education for every child, regardless of the parents' marital status.

    (You actually argue that college not only makes no positive difference, but that college educated kids do financially worse than their lesser educated peers.)

    I think Newburgh  is an idea in search of a public policy, and an example of hard cases making bad law.  It doesn't square with current societal values of 18 year olds having to make hard choices; families similarly situated should be treated the same; and the courts staying out of people's decision-making for their dependent adult children.

    If the Legislature decided to void the Newburgh doctrine, there is no question but that the NJ Supreme Court would have to yield.  There is no constitutional issue here, because if there is, then the educational mandate for college has to go both ways:  all families would have to give their children a thorough and efficient college education.  And that mandate is not going to happen.

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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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  • 41.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 10:17 AM
    Keep in mind this this teenager (18 years old) also emancipated herself.

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    Leslie Farber Esq.
    Montclair NJ
    (973)509-8500




  • 42.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 10:40 AM


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    Rosalyn Metzger, Esq.
    Rosalyn A. Metzger LLC
    4 Wood Hollow Drive
    Pittstown, New Jersey 08867
    [email protected]
    www.mediate.com\RMetzger
    (908) 238-0099


    -------------------------------------------

    While many valid points have been raised by colleagues to this discussion, have any of you seen the picture in the paper this morning of the Mom's face? Court is not the place for this dispute. This case should have been handled by alternate dispute resolution with the assistance of counsel and mental health professionals.  Case law is surely to be made by this matter, but the family will be irreparably harmed.

    Roz







  • 43.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 11:21 AM
    "Adult" children have always had the right to sue their parents for support.  Newburgh is a case in point.  The moving party, Steven, was the adult son of decedent who was arguing a) that his father's second wife had no right to share in the proceeds of the father's estate and b) that his father's estate should be responsible for providing him with financial support and paying for his college and law school expenses even though he was over the age of 18.  The Supreme Court decided against Steven as to his first claim and remanded for a plenary hearing on the second, setting forth the factors we all now know so well.  What experience has shown is that these disputes regarding college contribution/emancipation end up in the Courts in situations where the parents are not together.

    My concern is this slippery slope, which is where we may head depending upon how the Court ultimately rules on the Canning matter:  parents (marital status of no relevance) have jointly put aside a pool of money for junior's college expenses that is more than enough to cover the expenses at a public university, but not enough for a private school.  Although the parties have the resources to contribute more toward the child's education, jointly, they have decided that they will not do so and, that if junior wants to attend a pricey private school he/she will have to rely on grants/scholarship/financial aid/loans to do so.  In this case, assuming junior files suit, will the Court step in and order the parents to fund the costs of a private education?   

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    Nancy Marchioni Esq.
    Middlesex NJ
    (732)667-3668

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  • 44.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 02:57 PM
    Attached to this email and uploaded to your section's library are Order from Hon. Peter A. Bogaard, J.S.C. and original Complaint and Emergent Application filed by the Plaintiff, but not previously distributed in Rachel Canning v. Sean Canning and Elizabeth Canning.
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    Barbara Straczynski
    Director of New Media and Promotions
    New Jersey State Bar Association
    New Brunswick NJ
    (732)937-7524
    [email protected]
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    Attachment(s)



  • 45.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-05-2014 03:14 PM
    I agree it's an excellent discussion.  With all due respect to the judge involved, there's a whole more on-point legal analysis here in this thread than there is in the snippets of oral argument that have been played in the media or what I've seen of the decision.  Rather than an in-depth analysis of the interplay between Newburgh and Troxel, jurisdictional prerequisites involved in the filing of a complaint between the parents, and equal protection issues, I heard nonsense about how ordering a contribution would lead to a slippery slope where 12 year olds would sue for an X-box or cell phone if relief were granted, and a lambasting of the child for leaving a disrespectful message to her mom as if the state of their relationship were key (perhaps minimally relevant under Newburgh).  That might sound great to CNN, but it's obviously not an exploration of the actual legal issues - neither X-boxes nor cell phones have been declared as necessities by the Supreme Court of New Jersey.  College education and support have been.

    I'm fairly certain that anyone can apply for amicus status at any stage of proceedings - if anyone on this list feels strongly enough about it, I'd say to make the application to put your two cents in.


    I'd also submit (again, with all due respect if counsel is on this list) that the problem here was bad lawyering.  There's no debate that (as of now), New Jersey is one of only six states that will compel a parent to provide support for a young adult and compel contribution to college for a child (perhaps this case will revive the legislation that's been shot down several times to change that). 

    If the folks Ms. Caning are living with had sought an order for custody of her (for example, to add her to medical insurance, or for whatever legitimate reason), couldn't they THEN have applied for child support, including contribution to college?  I think they would have almost had to win if they had first obtained custody and established themselves as the "custodial parents" before applying for support and college contribution.

    Putting aside the issue of whether the law is right or wrong as to compelling parents to pay for college... attaining the client's goal would've required a different legal strategy. 

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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  • 46.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-07-2014 02:32 PM
    This case is only at the beginning stages.  NJ being the MOST support oriented state in the Union, I might expect a judge to extend Johnson v. Bradbury to encompass this situation, if not at the trial level, then above, where this case seems to be headed.  That's for the law.  The parents defenses sound more in public policy -- extending support relief to a suit by a child where the parents are not separated, divorcing or divorced.  Certainly, in view of the allegations of conduct and misconduct back and forth, a plenary hearing is needed to ferret out the facts.  That is, if the plaintiff-daughter gets past first base.

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    Laurence Cutler Esq.
    Of Counsel
    Morristown NJ
    (973)285-1444

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  • 47.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-12-2014 04:35 PM
    Hello Family Law Section members,

    Attached and uploaded to your section's library are:

    Canning Emergent Application March 12, 2014
    Canning emergent-order from judge 3/12/14

    All the best,
    Barb

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    Barbara Straczynski
    Director of New Media and Promotions
    New Jersey State Bar Association
    New Brunswick NJ
    (732) 937-7524
    [email protected]
    -------------------------------------------








  • 48.  RE:NJ Teen Sues Parents for Allegedly Kicking Her Out

    Posted 03-18-2014 10:11 AM
      |   view attached
    Hello Family Law Section members,

    Attached and uploaded to your section's library is the dismissal order in the Canning case.

    All the best,
    Barb

    -------------------------------------------
    Barbara Straczynski
    Director of New Media and Promotions
    New Jersey State Bar Association
    New Brunswick NJ
    (732) 937-7524
    [email protected]
    -------------------------------------------






    Attachment(s)