This link is a pub from a NJ state agency and sets forth NJ laws re age of majority.
http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/legal_age_req.pdf
Even though the agency mentions landlord-tenant at the top of the page,
it sets forth age laws re voting, Uniform Gift/Transfer to Minor Act, etc.
Another link to NJ statute
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=159566&Depth=2&TD=WRAP&advquery=%2246%3a38A-1.%22&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={3799}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=40&y=18&zz=
A link to NJ Unif Transfer to Minors Act, w definition of 'adult' being 21 y/o
46:38A-1 . Short title
<A name={14326}>
This chapter shall be known and may be cited as the "New Jersey Uniform Transfers to Minors Act."
L. 1987, c. 18, s. 1.
<A name={14327}>
46:38A-2. Definitions
<A name={14328}>
As used in this chapter:
a. "Adult" means an individual who has attained the age of 21 years;
If this is the current NJ law effect and an a/c s titled Mama C, custodian for RC, under NJ UTMA (or Papa)
this suggests (imo) the custodian would not be obligated to give her the funds until RC is 21 y/o. MOO, IMO, JMO
If the a/c is registered that way, Rachel may need to tough it out for 3 yrs to get her hands on the $$$.
Maybe someone can verify whether this is the current law for NJ UTMA? Thx in adv.
I checked both of your links and nowhere did it say that age 21 is an adult. Both links stated that 18 is the age of majority:
Link 1:
9:17B-1. Legislative findings
The Legislature finds and declares and by this act intends, pending the revision and
amendment of the many statutory provisions involved, to:
a. Extend to persons 18 years of age and older the basic civil and contractual rights and
obligations heretofore applicable only to persons 21 years of age or older, including the right to
contract, sue, be sued and defend civil actions, apply for and be appointed to public
employment, apply for and be granted a license or authority to engage in a business or
profession subject to State regulation, serve on juries, marry, adopt children, attend and
participate in horse race meetings and parimutuel betting and other legalized games and gaming,
except as otherwise provided in subsection c. of this section, sell alcoholic beverages, act as an
incorporator, registered agent or director of a corporation, consent to medical and surgical
treatment, execute a will, and to inherit, purchase, mortgage or otherwise encumber and convey
real and personal property.
Link 2:
9:17B-3 Majority at 18.
3.Except with respect to the provision of services pursuant to the laws relating to dependent and neglected children, allocated to chapter 4C of Title 30 of the Revised Statutes (C.30:4C-1 to 30:4C-44), to persons between 18 and 21 years of age who seek to avail themselves of such services and who are enrolled in a school or training program below college level or who require a course of treatment for emotionally, cognitively, or physically disabled persons, with respect to the right of a court to take any action it deems appropriate and in the interest of a person under 21 years of age, or to require a change in action heretofore taken by a court with respect to a person under 21 years of age, or with respect to the provisions of the "New Jersey Uniform Gifts to Minors Act" (P.L.1963, c.177, C.46:38-13 et seq.), or the "New Jersey Uniform Transfers to Minors Act," R.S. 46:38A-1 et seq., every person 18 or more years of age shall in all other matters and for all other purposes be deemed to be an adult and, notwithstanding any other provision of law to the contrary, shall have the same legal capacity to act and the same powers and obligations as a person 21 or more years of age. Except as herein otherwise provided, every act or action of any such person shall be as valid, binding, and enforceable by or against such person as if, at the time such act or action was performed or undertaken, such person was 21 or more years of age and no act or action by any such person performed or undertaken on or after the effective date of this act shall be subject to disaffirmance because of minority.http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=159620&Depth=2&TD=WRAP&advquery=%2246%3a38A-1.%22&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={3799}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=40&y=18&zz=
That's the current law - 18 is the age of majority in NJ.
exactly, I don't understand how- when you are the one to leave home, that you are not emancipated. DH's niece got legally emancipated at age 16, but her father is a substance abuser. She supported herself. Especially when this girl is 18-legally an adult. She could vote and join the military at age 18. She also thinks she's old enough to drink.
Essentially, she is trying apply statutes that have to do with child support, to her situation. If a child turns 18 but is still in high school and remains in the home of a parent, the other parent may, for example, have to continue paying support (in our state until they graduate or age 19, whichever comes first. NJ law seems a little more vague).
Another example is that if one or both parents have the means, college tuition may be ordered to be paid, in an amount that the parties can afford, even though the child is over 18. That's rare. Most states have no such law.
Neither situation applies here.
I thought it was interesting the judge postponed the college decision until AFTER financial aid forms are due. That puts her in a bind, not knowing what her parents will contribute. Do you suppose the judge knows this (LOL)?
I'm guess the judge will ask the parents to give her the college funds they have set aside for her. (I think the parents may be willing to do this.) However, the friend's parent who is bankrolling the case has stated this will not be enough $.
IMO, well, honey, if that's not enough, get a job.
Basically, the judge had no choice but to apply the law and that's it. He could only determine if there was an emergency and if so, were certain orders necessary to prevent imminent harm. He found no emergency, so the application deadline is probably irrelevant!
My comments in dark red
It's interesting to see the range of comments here.
My optimist side says -maybe these folks can reach a mutually agreeable resolution,
my pragmatic side says - if that were possible, it would have happened before ct-filing.
Thank goodness this is not my dau. LOL
I don;t know. I hope you're right but I kind of think this girl's life has been ruined by this. It will never go away. Someone posted a great LA Times article about this upthread [THANKS!!!] and it talked about that very thing - the age of permanency with the internet, etc. And how she will always be known as the girl who sued her parents.
The family that helped her file this should be ashamed. Like others have said, they should've worked to get the family together again, tried to encourage counseling, etc. It doesn't even look like any of them talked to this gal's parents, parent -to- parent - like "Hey, what's going on here?"
That disturbs me, how quick they were to sue instead of resolve. That girl is 18. She could not foresee, at her age, the magnitude of such a lawsuit and how a lawsuit involving a super novel (attempted) application of the law, parental rights, money, entitlement, etc., would be international news and cause a firestorm of reaction, mostly negative.
But her friend's lawyer father could. He was well able to foresee what was going to happen.
And while no one will remember the attorney, they will remember the girl. What a scoundrel. How dare a parent, a father, advise a young person, not yet out of high school, to undertake so dangerous a course - one that has ramifications she could not hope to grasp?
What a you know what.
