Spoiled Brats
18-year-old Rachel Canning made headlines by suing her parents for $645 in weekly child support. She also asked for them to pay the remainder of the fees for her private high school, her legal costs, and to give her access to a fund set aside for her college tuition. The New Jersey teenager claimed her parents threw her out of their home shortly after she turned 18 because they didn't approve of her boyfriend.
She also accused her parents of being abusive, saying that her father was "inappropriately affectionate", and that her mother contributed to her eating disorder by calling her "fat" and "porky". Ms. Canning's parents claimed she left voluntarily because she refused to follow their house rules. After leaving, she moved in with her best friend, whose father is the lawyer who financed Ms. Canning's lawsuit.
The Child Support Decision
New Jersey Superior Court Judge Peter Bogaard denied Canning's emergency request for tuition, support, and legal fees before Ms. Canning moved back into her parent's home and voluntarily dismissed her case. The judge expressed hesitancy to set a legal precedent that could open the floodgates for teenagers to sue their parents over iPhones and Xboxes. He also noted the parents? need to set down rules. In the past year, Ms. Canning had been guilty of school suspensions, underage drinking, losing her captain position on the cheerleading squad, and being kicked out of the campus ministry. Public reaction has ranged from outrage to sympathy. What would you recommend for Ms. Canning - financial support, counseling, or a spanking?
Life Documents Planning Package
Emancipation of Minors
Whether Rachel Canning became legally emancipated by moving out of her parents? house was an issue in the case. Children become legal adults when they reach the statutory age of majority, which is 18 in most states, including New Jersey. Becoming a legal adult is the most common way children become emancipated. Once emancipated, children are no longer owed a duty of support from their parents. A child may become legally emancipated at an age younger than 18 though living independently and being self-supporting. Otherwise, a parent typically doesn't owe a child a duty of support past age 18 or graduation from high school.
In some divorce cases, support past age 18 or through college may be included as part of a divorce order. This is referred to as post-majority support. It's usually negotiated by the parties or based upon promises made. Another reason for ordering support past the age of majority is that a child has special needs and is unable to be self-supporting, Sometimes a modification of child support motion may be filed after the divorce decree, based upon a significant change in circumstances.
State Child Support Laws
Most states do not require support beyond emancipation or the age of majority, but they will enforce agreements between parents to provide support post-majority support. Typically, the agreement to pay post-majority support can't be modified, nor can it be used to deviate from support guidelines. New Jersey leaves the decision to continue support beyond emancipation to the judge's discretion. The decision will be made based on the circumstances in each case, such as the need and capacity of the child for higher education. Educational expenses include college or vocational school tuition, fees, and books. Payment of health insurance or medical expenses may also be ordered.
Whether you need forms for a divorce settlement, child support motion, or minor emancipation petition, we have the top-quality, state-specific forms you need. Raising a rebellious teenager may be difficult and expensive, but filling out legal forms doesn't need to be.
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