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Legal Bombshell (sorry to spoil the upbeat posting streak)

mjvcaj

Hall of Famer
Jun 25, 2005
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A judge has ordered parents to pay for their daughter's tuition to an out-of-state school, despite the fact that she hasn't spoken to them in over two years.

http://6abc.com/education/young-nj-woman-sues-estranged-parents-for-college-tuition/392148/

Even worse, I saw a few reports (unconfirmed?) that she was kicked out of a Disney internship program for underage drinking.

This is a terribly frightening scenario. Can any lawyers actually lookup the law and interpret it into layman's terms?
 
This is one of those weird loop holes that occur because of divorce. If he

parents were still married, I don't think she would have a case.

This reminds me of Obamacare. One of the teachers at our schools wife stays home with their kids. He makes in the neighborhood of $55000. On our schools health plan he has to pay $730/month for family healthcare. If he were to go through the exchanges instead, he would receive a huge subsidy and only owe around $300 a month. However, the law is written that the affordability of a companies policy is only determined by what it would cost to insure the individual themselves. Thus our school plan is considered "affordable" and he has to pay $430 more per month than someone who makes the same as him, but doesn't have a company with an "affordable" plan.
 
Actually, the parents aren't divorced.

The kid refused to live under their rules and she moved out of the house and into house of one of the sets of grandparents. Then she sued her parents for the cost of her college tuition. The grandparents helped her with this. It's a screwed up situation all around. It never would have occured to me that my mother was obligated for paying for supporting me for anything after I turned 18, even if she could have afforded it. It also never would have occured to me that parents could be legally required to pay thie kid's expenses after age 18 too.
 
Pretty sure they are

From the article....


Caitlyn's parents were young loves. Their marriage only lasted two and a half years but, the two say, they amicably parented to give their daughter the best life they could.
 
I couldn't get the article to come up.

I'd read about the story previously, and they didn't mention a divorce in those. I don't see how it matters though, since the parents were united in their position.
 
I have heard it discussed before in different contexts, but I am pretty

sure that the case hinges on the divorce. I know for sure one divorcee can force the other to pay an equitable amount, but I think this is a legitimate law (though ridiculous considering).
 
I/m not too

impressed with the parents or grandparents based on that article. I'm sure I would have the same feeling about the girl if I saw her comments.

This appears to be based on a New Jersey Supreme Court decision - Newburgh v. Arrigo. A subsequent case Black v Black decided that the amount parents must pay is not limited to state school tuition. From the Newburgh decision:

In general, financially capable parents should contribute to the higher
education of children who are qualified students. In appropriate
circumstances, parental responsibility includes the duty to assure
children of a college and even of a postgraduate education such as law
school.


I found this set of considerations in deciding such cases.



Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;The effect of the background values and goals of the parent on the
reasonableness of the expectation of the child for higher education;The amount of the contribution sought by the child for the cost of higher education;The ability of the parent to pay that cost;The relationship of the requested contribution to the kind of school or course of study sought
by the child;The financial resources of both parents;The commitment to and aptitude of the child for the requested education;The financial resources of the child, including assets owned individually or held in custodianship or trust;The ability of the child to earn income during the school year or on vacation;The availability of financial aid in the form of college grants and loans;The child's relationship to the paying parent, including mutual
affection and shared goals as well as responsiveness to parental advice
and guidance; andThe relationship of the education requested to any prior training and to the overall long-range goals of the child.
 
A child who is alienated from his/her parent(s)

should not get any financial assistance from the parent. There is appellate case law
in Pennsylvania in regard to a typical custodial parent against non-custodial parent
situation that the non-custodial parent who is alienated from the child should not be
required to contribute to the child's college education expenses that aren't covered
by financial aid, which Indiana appellate case law has also approved.

This post was edited on 12/14 3:39 AM by Optimist13

This post was edited on 12/14 3:39 AM by Optimist13
 
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