Should kids be allowed to sue their parents?

[Dnpgopenguins]

Originally Posted by OPhiAGinger

I'm sorry to hear about your family situation, DNP, and I agree that none of us can fully understand the dynamics of that family. Hopefully the truth will come out in court.

But, in your situation which was truly an abusive one, do you feel like your parents owe you the cost of a college education? I think that's the part that is over the top and has people siding with the parents before they know the whole story.

My grandfather passed away when I was a senior in high school. He had left me money that I was suppose to use to pay for college. Because of this money my parents would NOT let me work or apply for scholarships. He passes before I turned 18. When I turned 18 my parents got control of this money and used it to control me. This is a very long story, but i often give the example of a kid holding a cookie and saying to a younger kid, "want the cookie?" and the little kid nods his head. The older kid holds the cookie and makes the little kid jump up or do other do something else. My parents help this money over my head for years telling me what I had to do to get the money. I did everything that I they said until I could not take it any more and left. Trick is that my parents gave the money to my brother, so he got his money and mine.

So, No I do not think that my parents just own me money because I was abused, however I think my parents own me this money and interest. I want to be clear, This is legally my money. But the will was written in a way that my parents got control over it and there was no specifics of me having to get it. I guess this made sense because grandpa was sick for about 10 years before he passed. If he though oh DNP is 8, she should not have access to this money. That would make sense. But My brother got his money when he turned 18, which sets a presidency that this money is mine.

The problem is that I have talked to lawyers who say things to me like, what is wrong with you, you want to sue your parents? Um yeah, I want the money that is legally mine. By giving the money to my brother that are stealing money from me. So, what is wrong with? um, my parents are stealing money from me. That is what is wrong.

Life is too crazy to really pursue this. It is hard to put energy into this. My grandmother (who was married to the grandpa who left me this money) recently passed and left me money, it is not even half of what grandpa left me, but it is better than nothing. So, I am able to go to school. But it is still hard to think about what my life would have been like if I had gotten the money, that i legally should have gotten, when I was 18. I try not to think about things like this, but trust me, I can let myself get really pissed off playing the what-if game.
DNP

[aephi alum]

Understanding is a three-edged sword: your side, their side, and the truth.

I've read a bit about this story. IMO, her parents should fund her high school education - they made her attend private school. But everything else should be on her. How many of us have paid our own way through college, by working a part-time job or taking out loans that we had to pay back after graduation or working full-time and going to school at night?

[andthen]

The older and (hopefully wiser) I become, I have realize that there are three sides to every story. The parent's side, the kid's side, and somewhere most likely in between the truth.

[KDCat]

18 year olds don't get to sue. This kid is facing a problem faced by thousands of kids every year: Do I move out of the house and tell my parents to go eff themselves, or do I do what they say (no matter how awful) so they keep paying my bills? Making that choice sucks, but it's one that lots of people face. This kid did an impulsive thing by just leaving. She would have been smarter to bide her time, get to college (just a few months away), and then back away from her parents slowly.

Under 18: In Illinois, at least, kids under 18 (or their creditors) have the right to sue for support if their parents boot them. Parents are obligated to pay housing, food, and medical expenses until an unemancipated child turns 18, regardless of whether the kid is at home. (I'd have to look to see if clothing and tuition are also covered.) Or course, the parent would also have the right to drag the kid home, too.

In a case like this one, if the parents told the kid to leave, and the kid was under 18, the parents would be obligated to pay for her support until she turned 18. ( She could also legally sue to be emancipated, but I don't know what the court would do about support for a 16 or 17 year old that has been given adult legal status early. )

I'm comfortable with the 18 year old cut-off. At 18, you can join the Army or get another job. It's tough, but not the end of the world. My mom was married and the mother of a toddler when she was 18. My grandmother was helping run a farm and raising two kids at 18.

[Kevin]

In some cases, 18 year olds can sue for long-term support. In Oklahoma, a child is entitled to support until 18 unless that child is regularly attending a full time high school. Then, CS can run through the age of 21.

There is also a statute from 1910 or so which says parents have a duty to provide for their children.... a 35-year-old ne'er do well has yet to attempt to sue his parents for support under that statute, so who knows?

Also, child support doesn't go to the child, it goes to the parents or guardians. I don't think this young lady would have much of a shot under Oklahoma law, but the attorney arguing the point might get props from the judge for such a creative legal theory before she dismisses the case.

[ASTalumna06]

My main problem with this story is the demand for college tuition. There are plenty of students in this country, who have loving parents, who don't get sent to college on a free ride. They have to pay for it themselves. This is what makes me think she's entitled. A parent may be required to take care of their children until they're 18, but going to college is a privilege, not a right.

And if her complaint is that her parents were abusive, wouldn't she be better off suing for pain and suffering, or something similar?

[tuco99]

Originally Posted by ASTalumna06

My main problem with this story is the demand for college tuition. There are plenty of students in this country, who have loving parents, who don't get sent to college on a free ride. They have to pay for it themselves. This is what makes me think she's entitled. A parent may be required to take care of their children until they're 18, but going to college is a privilege, not a right.

And if her complaint is that her parents were abusive, wouldn't she be better off suing for pain and suffering, or something similar?

Where was Obama's father when he was 18?

What do you think should be done to parents who don't take care of their kids up until 18?

[Kevin]

[QUOTE=tuco99;2264981]Where was Obama's father when he was 18? /QUOTE]

Probly somewheres bein' a Kenyan Mooslim. Give it a rest.

[Kevin]

I've read nothing to suggest that the lawsuit is fully frivolous. I can think of situations under Oklahoma law where child support continues past the age of 18. I don't know enough about this state's laws to be able to render much of an opinion about this thing. But yeah, Ramsey is a hack on many levels.

[MysticCat]

Originally Posted by Kevin

I don't know enough about this state's laws to be able to render much of an opinion about this thing.

Exactly, which is part of why I said Ramsey didn't know what he was talking about. I certainly don't know enough about NJ law—much less the actual facts of this case*—to know whether this is clearly a frivolous claim from a spoiled brat or not, but it was clear to me that Ramsey knows even less about it than I do.

*I know very well from years of experience that what I read about a lawsuit in the press is likely not completely accurate and almost certainly not the whole story.

[Kevin]

I could think of a non-frivolous way under Oklahoma law to bring this. Here, caregivers are entitled to child support after the age of 18 if that child is still regularly attending a full-time high school program. This mostly applies to children with disabilities. In this case, though, I could perhaps argue that these parents are affirmatively unfit and that the daughter has designated a guardian for the purpose of completing her HS education. I think I might actually win that case if I can meet the burden on parental unfitness.... and that an 18 year old and her parents are like oil and water could get me there.

I wouldn't turn down a retainer on these facts. I'll say that much.

[Psi U MC Vito]

In New Jersey, child support can extend past 18 if you are a full time college student. I'm not sure exactly when that cuts off, but I remember my mom being sued by my father to cut off child support when I was 19 and she was able to keep getting it.

[SWTXBelle]

In Texas child support is over at 18. College is not considered a part of child support, and the only way to get it written into a divorce decree is for both parties to agree, which of course my ex wouldn't do.

Not that I'm bitter.

[Kevin]

This thread and that anyone would be interested in this is just kind of creepy. This is a family going through a rough time. I've seen weird and I've seen worse. The only wrinkle here is that she is 18, which according to my limited research of NJ law, there was probably a smarter approach for this young lady. In NJ, you are not deemed an adult simply because you are 18 for the purposes of the parents' duty to support their child. It might have been appropriate here to file for guardianship.

And please.. just don't believe the allegations on one side of the case. I have seen very few cases (as a lawyer who has done hundreds of family law/custody cases where the Judge could take either party completely at their word. In family law cases more than anyplace else, parties are lying manipulative bastards. Even as the attorney, it's hard to tell when your client is being truthful sometimes.

This family deserves privacy. Calling her "princess" is really uncalled for. You've read some snarky editorialized BS, from Fox News of all places and have made your mind up. That is always ill-advised.

[ASTalumna06]

Originally Posted by Kevin

This thread and that anyone would be interested in this is just kind of creepy. This is a family going through a rough time.

This family deserves privacy.

I think the whole privacy thing went right out the window when this hit the national news.

Again, I don't presume to know anything about their situation, but the fact that the daughter is suing for college tuition is what bothers me, for the reasons I've stated previously.