Can a Child Sue for Child Support? A controversial NJ case that is in complete contrast to the "normal" system.

Posted on 08-26-2014 by
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In a recent controversial New Jersey case, Rachel Canning filed a lawsuit against her parents requesting child support. Canning, a high school senior, alleges her parents kicked her out of their house after she turned 18 years old. Through her attorney, Canning is requesting financial support and an order for her parents to pay her college tuition. Canning's parents dispute her allegations that she was forced out of their home and argue that Canning left home voluntarily. Apparently a dispute arose between Canning and her parents regarding the rules she should be required to follow while living at home. Essentially Canning is refusing to live at home with her parents who welcome her home but asking for her parents to pay for alternative living arrangements.

Canning is currently living with her best friend's family. Further, Canning's best friend's father is funding her lawsuit against her parents by paying for her attorney fees. The New Jersey judge assigned to the case held that Canning did not have the legal right to request support from her parents and denied her motion. Generally, in California, the custodial parent petition's the family court to request child support from the other parent. The recent New Jersey case is so controversial because an adult child is suing her parents for financial support in complete contrast to the traditional paradigm.

college-tuition.jpgIn California child support cases, many parents ask if they have a legal obligation to support their child financially after the child reaches the age of 18. Pursuant to the California Family Code, unless there is an agreement by the parties or an incapacitated adult child meeting various requirements, a parent's statutory duty to provide child support ends upon the child's marriage, death, emancipation, at age 19, or at age 18 and is not attending high school full time - whichever occurs first. This means that in some cases, a parent is obligated to support a child after that child reaches the age of majority (18) as long as the child is still a full-time high school student. The reason for this particular provision is that some children start school later than others or are held back a grade. In those cases, the child will graduate high school at age 19 rather than age 18.

It is important to note that there are a variety of cases and statues which specifically deal with the support of an adult child who suffers from an incapacitating disability. These are fact driven cases and should be handled by a Certified Family Law Specialist.

Jaime Teuchert-Cage is an Attorney at Law with the Law Offices of Nancy J. Bickford, San Diego. 

is an Attorney at Law with the Law Offices of Nancy J. Bickford, San Diego.  - See more at: https://www.lexisnexis.com/lextalk/practice-insights/f/13/t/956.aspx#sthash.CRkj7Tiw.dpuf
is an Attorney at Law with the Law Offices of Nancy J. Bickford, San Diego.  - See more at: https://www.lexisnexis.com/lextalk/practice-insights/f/13/t/956.aspx#sthash.CRkj7Tiw.dpuf

Comments


amanda-alge-bales
amanda-alge-bales
Posted on : 26 Aug 2014 8:49 PM

While I don't know the details of the case, it sounds a lot like Rachel Canning is possibly trying to get the "best of both worlds" by living on her own, and trying to collect money from her parents. It will be interesting to see how this case plays out.

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