Teen sues parents after being ‘kicked out,’ wants money

[gitana1]

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.

Okay, I did a bit of research and here's what I found:

Whether they have to give college funds to RC and if so, when, depends on the savings account/plan they have for her.

If it is an UTMA or UGMA account, it is the property of the daughter when she turns 21, according to NJ law, as you thought. Indeed, 21 is the age of transfer.

You may not have all that much choice in how the UTMA money is used.
"Just by opening and contributing to a UTMA, you have given a gift," said Michael Gibney, a certified financial planner with Highland Financial in Riverdale. "Because of this, officially, when the child reaches the age of majority for an UTMA account, which is NJ is 21, the UTMA account is theirs to do what they want."
Indeed, when a UTMA is opened, it is opened with the child&#8217;s Social Security number, Gibney said. Before the age of majority, you are simply the custodian for the child&#8217;s money.
Meckler said the assets you put into custodial accounts are irrevocable gifts. That means you&#8217;re not allowed to change your mind and take your property back. Your child becomes owner of these assets as soon as you make the transfer. http://www.nj.com/business/index.ssf/2013/09/biz_brain_what_to_do_with_utma.html

[FONT=ARIAL, HELVETICA]

Neither the donor nor the custodian can place any restrictions on the use of the money when the minor becomes an adult. At that time the child can use the money for any purpose whatsoever without requiring permission of the custodian, so there's no guarantee that the child will use the money for his or her education. http://www.finaid.org/savings/ugma.phtml

If that's the account they have for their daughter, it is a problem now, because the property is considered hers, right now, for purposes of FAFSA and she would likely be ineligible for financial aid if she is the beneficiary of such an account.

If it's a 529 b plan, the funds can ONLY be used for college expenses, the parents can withdraw the money for something else if they are willing to pay a high penalty and they can change the beneciary and/or roll the funds over into another 529b plan with a different beneficiary within the same family, with NO tax penalty. https://www.sec.gov/investor/pubs/intro529.htm

Th UTMAs and UTGAs are considered gifts and the property of the beneficiary. With 529 bs, the investor has total control. https://www.fidelity.com/529-plans/what-is-a-529-plan

There are other kinds of college savings vehicles like Totten trusts (payable upon the death of the account holder). We don;t know what these folks have.

But I do know this. The parents have stated the funds are and will be available to her: [/FONT]"We're heartbroken, but what do you do when a child says 'I don't want your rules but I want everything under the sun and you to pay for it?'" Canning said, adding that his daughter's college fund is available to her and not withdrawn or re-allocated, as she has alleged. http://www.usatoday.com/story/news/nation/2014/03/03/student-sues-parents-college-tuition/5967279/

Mr. Canning was unavailable for comment when a call was made to his office at Mt. Olive Township Monday afternoon.



He admits that he's stopped paying Rachel's high school tuition but says she'll receive her existing college fund.

http://www.dailymail.co.uk/news/art...n-away-believed-better-own.html#ixzz2v9Z3eIUc

By the way, why didn't anyone just ask this family if they had funds available for RC for college BEFORE filing a lawsuit?

 

[Karmady]

I hope the judge says her parents dont have to do crap for her. She is 18, left on her own . Let her find out how hard the real world can be. And I hope the parents listen and dont give her a penny of the money they have been saving their whole life for her education. Let her sit out awhile until she grows up and learns some respect.

They should go out and spend every penny of it right now on something that can't be attached, imo

 

[Soulmagent]

A lady on NG called her "baby psychopath"

She isnt a baby. She is an adult.

Now she needs to act like one. JMO

 

[Soulmagent]

They should go out and spend every penny of it right now on something that can't be attached, imo

They should donate it to some poor kid who earned it.

Then they should donate her car to some single mom who's clunker isnt safe but she has to drive it anyway.

 

[Karmady]

They should donate it to some poor kid who earned it.

Then they should donate her car to some single mom who's clunker isnt safe but she has to drive it anyway.

If they didn't have 2 other kids, I'd agree. I don't know what their giving habits are, in any case. It's likely that they give because the daughter attends MC. They may be tithing as well as other giving and christian service. jmo

 

[K_Z]

I've been pondering RC's job as a hostess at TGI Fridays. Now, this adverse publicity just can't be very desirable for the TGI Fridays corporation.

Can you imagine the comments from passers by and patrons if RC was hostessing and seating guests?? Oh my. That could get very ugly.

Things DO live forever on the internet. It may be a little while until RC can hope to resume any kind of retail associate- type job.

Now that she has "emancipated" herself by moving out, and having a very public lawsuit, she has made it even harder for herself to support herself. Really, her entry level job prospects are limited for a while until the public forgets her name and face. And she exposed her disciplinary problems to the colleges she applied to. She has a mountain of obstacles to overcome if she wants to attend college in the next year or two.

But then again, she is over 18. I'm getting a nagging feeling she will get a slimy, but lucrative offer to be in a reality show, or do a *advertiser censored* movie. It's just that much of a train wreck.

 

[gitana1]

I've been pondering RC's job as a hostess at TGI Fridays. Now, this adverse publicity just can't be very desirable for the TGI Fridays corporation.

Can you imagine the comments from passers by and patrons if RC was hostessing and seating guests?? Oh my. That could get very ugly.

Things DO live forever on the internet. It may be a little while until RC can hope to resume any kind of retail associate- type job.

Now that she has "emancipated" herself by moving out, and having a very public lawsuit, she has made it even harder for herself to support herself. Really, her entry level job prospects are limited for a while until the public forgets her name and face. And she exposed her disciplinary problems to the colleges she applied to. She has a mountain of obstacles to overcome if she wants to attend college in the next year or two.

But then again, she is over 18. I'm getting a nagging feeling she will get a slimy, but lucrative offer to be in a reality show, or do a *advertiser censored* movie. It's just that much of a train wreck.

Ive already seen at least one *advertiser censored* offer. Horrible.

 

[Soulmagent]

I've been pondering RC's job as a hostess at TGI Fridays. Now, this adverse publicity just can't be very desirable for the TGI Fridays corporation.

Can you imagine the comments from passers by and patrons if RC was hostessing and seating guests?? Oh my. That could get very ugly.

Things DO live forever on the internet. It may be a little while until RC can hope to resume any kind of retail associate- type job.

Now that she has "emancipated" herself by moving out, and having a very public lawsuit, she has made it even harder for herself to support herself. Really, her entry level job prospects are limited for a while until the public forgets her name and face. And she exposed her disciplinary problems to the colleges she applied to. She has a mountain of obstacles to overcome if she wants to attend college in the next year or two.

But then again, she is over 18. I'm getting a nagging feeling she will get a slimy, but lucrative offer to be in a reality show, or do a *advertiser censored* movie. It's just that much of a train wreck.

If TGI friday hostess position isnt good enough I am sure hooters would hire her .

Before it becomes an issue I know plenty of wonderful people who have worked for hooters. I am sure someone with her skills would do quite well there.Also she could apply for a number of places along the same line of work which have never have heard of her would employ her to do the same job they ask of everyone.
The exposure she has received as a result of her trying to sue her parents is a consequence of her own actions . We all have to live with those. So does she

 

[al66pine]

Re whether 'college funds' for RC are segregated and
whether judge would order $$ transferred to her, or
order parents to use those funds to pay for Rachel's college exp.

Snipped from gitana1's link:
http://www.usatoday.com/story/news/nation/2014/03/03/student-sues-parents-college-tuition/5967279/
"Canning said, adding that his daughter's college fund is available to her
and not withdrawn or re-allocated, as she has alleged."
Did Mr C say this to a reporter?

In his Certification, filed w ct and reciting his recollection of events, here:
http://cbsnewyork.files.wordpress.com/2014/03/rachel-canning.pdf
on pdf p77 (or his cert p11) para #42
and
on pdf p61 (or his cert p15) para #61
he stated "The college funds set aside for all our children since birth had been premised on the fact of good behavior
and the knowledge by all of our children that the funds would be used as far as the funds could provide for college...."

Now paraphrasing: either expensive U or more affordable local college, up to the children;
and the rest would be pd by student loans or scholarships.

The 'funds set aside from birth' suggests a trust,
maybe estab'ed by mama & papa? gr-parents?
Maybe irrevocable? Maybe a generation-skipping trust?

If there was a stmt about not re-allocating in his cert., I missed it.

The best laid plans to help pay for college, then bam, hiring atty,
writing affidavits, attending hearings, paying legal fees, and chaos.

I hope her little sisters are more grateful and sensible than she is.

 

[21merc7]

Been reading all posts.

Regarding the college fund, yes, the other family should have asked first. Still, the other family should not have started the legal process here, but a little to late for that now.

I do hope that the account for her is set for an older age. If not, I don't have a lot of hope that she will make it through the first semester well. A lot of college students don't, simply b/c it is their first time away from home and rules. This girl has proven that rules don't seem to apply to her in her mind, and, all the partying already started, means a major lifetime issue ahead, not just first year student.

If she received scholarships, fine, let her go there, but work to pay the bills, or pay for community college at home, with supervision. I just think she will blow the money and be in a worse situation than she has already created and have nothing to fall back on, well, except rehab at some point. I must admit, I don't think going back home is a great option any more as she has been encouraged and emboldened now, she will always resent her parents and continue to act out. (Until something happens in her life to make her learn to appreciate her family.)

Since the parents, the butt-in parents, and the school cannot get this girl into some sort of therapy or assistance, maybe the Judge can find a way to Order that, if the case calls for it in the Judge's eyes. That could be the first step in actually helping her become a functional member of society, not a dysfunctional mislead girl on her way to greater dysfunction.

Just don't like this issue at all. Handled all wrong, IMOO, when it did not need to be.

 

[Elley Mae]

The township council on Monday night rejected Mayor Darlene Post&#8217;s appointment of Parsippany&#8217;s township attorney, John P. Inglesino, by a vote of 4-1, with Councilman Joseph Maceri voting in favor of Post&#8217;s pick.
http://www.northjersey.com/news/239...ejects_mayor_s_town_attorney_appointment.html

"My objection was he did not have a flat fee," Organisciak said afterwards. "And I can&#8217;t have the cost of attorneys going through the roof like they have been."

Inglesino would have billed $2,000 per council meeting, with additional hours billed at $150 per hour, according to his bid proposal. He did not return calls or an email seeking comment by press time.

 

[Elley Mae]

Just a little back story on the lawyer footing the bill. iirc

MDNJ monitor says fraud, failures now up to $243 million The "disheartening" tally could rise. The school said the figure included issues it had already addressed.

http://articles.philly.com/2006-07-21/news/25404571_1_potential-fraud-medicaid-investigators
July 21, 2006
snip
It's very disheartening," said John Inglesino, counsel to the monitor, "but I become less and less surprised at what we find."
snip
Inglesino said controls on the finances had been incredibly lax in many areas - although some new controls have been put in place recently. The report said about $100 million had been paid out each year without a bidding process and "virtually no oversight," and that an additional $88 million had been paid out from 2001 to 2005 without proper purchase orders.

"There's certainly a fraud component, but there's a tremendous amount of waste," Inglesino said. "We have found numerous instances where vendors were paid large sums and we found no evidence that any work was ever done."

snip
He declined to be more specific, adding that the monitor would report "more in the future on that."

snip
Inglesino said the best way to explain why the university had operated in this manner was a "culture of entitlement" that enabled financial abuse and created a sense of job security regardless of performance.

---------
Usually on Attack, U.S. Attorney in Newark Finds Himself on the Defensive

http://www.nytimes.com/2008/02/13/nyregion/13christie.html?pagewanted=all&_r=1&

Hospital Fraud

His office negotiated one such arrangement with the University of Medicine and Dentistry of New Jersey, which was rife with Medicaid fraud, patronage and financial abuses. Under the monitor he appointed, the school reformed many of its bookkeeping procedures and ended its practice of awarding no-bid contracts.

Yet one of the biggest no-bid contracts to come out of the investigation was for the monitor itself: Mr. Christie appointed the law firm of John Inglesino, a Republican who served as a Morris County freeholder from 2001 to 2007, and Herbert Stern, a former United States attorney, whom he has described as a mentor. Mr. Christie was also a freeholder, from 1995 to 1997. Their firm ultimately billed the state for more than $10 million.

 

[Frigga]

I think what Mr Inglesino has done is going to backfire on him, big time. I can't see many parents agreeing with what this man did- a criminal yes but logical, rational parents and grandparents NO! I think he is going to regret the day he ever decided to let that girl stay and especially the day he decided it would be a good idea to file this lawsuit. I, for one, will be glad for it.

 

[Linda7NJ]

I think what Mr Inglesino has done is going to backfire on him, big time. I can't see many parents agreeing with what this man did- a criminal yes but logical, rational parents and grandparents NO! I think he is going to regret the day he ever decided to let that girl stay and especially the day he decided it would be a good idea to file this lawsuit. I, for one, will be glad for it.

You and me both!


Sent from my iPhone using Tapatalk

 

[JerseyGirl]

more about Inglesino:

Inglesino was named one of the Top 100 &#8220;powerful people&#8221; in New Jersey by Politicker NJ for 2013. Inglesino serves as township attorney for Parsippany, planning board attorney for Morristown and Florham Park, special counsel to Lopatcong and Rahway, and as general counsel to the Morris County Insurance Fund. The managing partner at the Parsippany law firm of Inglesino, Wyciskala & Taylor, Inglesino also represents many of New Jersey&#8217;s largest developers. Inglesino has been an ally and financial contributor to Gov. Chris Christie, who in 2012 appointed him to the state's Education Funding Task Force.

http://www.nj.com/morris/index.ssf/...rris_teen_pursue_lawsuit_against_parents.html

In his Certification in this case, he says:

&#8220;My wife and I remain mystified as to how the Cannings, or any other parent, could simply decide to disavow themselves of their daughter and abandon her in her senior year of high school &#8211; particularly a daughter such as Rachel,&#8221; Inglesino said. Inglesino said he and his wife decided to help Rachel with her lawsuit &#8220;because she is a terrific, extremely bright young lady who is committed to her future. Rachel will be a contributing member to our society and I believe she deserves an opportunity to realize her goals and her potential.&#8221;

:what::what:

 

[Frigga]

more about Inglesino:

Inglesino was named one of the Top 100 “powerful people” in New Jersey by Politicker NJ for 2013. Inglesino serves as township attorney for Parsippany, planning board attorney for Morristown and Florham Park, special counsel to Lopatcong and Rahway, and as general counsel to the Morris County Insurance Fund. The managing partner at the Parsippany law firm of Inglesino, Wyciskala & Taylor, Inglesino also represents many of New Jersey’s largest developers. Inglesino has been an ally and financial contributor to Gov. Chris Christie, who in 2012 appointed him to the state's Education Funding Task Force.

http://www.nj.com/morris/index.ssf/...rris_teen_pursue_lawsuit_against_parents.html

In his Certification in this case, he says:

“My wife and I remain mystified as to how the Cannings, or any other parent, could simply decide to disavow themselves of their daughter and abandon her in her senior year of high school – particularly a daughter such as Rachel,” Inglesino said. Inglesino said he and his wife decided to help Rachel with her lawsuit “because she is a terrific, extremely bright young lady who is committed to her future. Rachel will be a contributing member to our society and I believe she deserves an opportunity to realize her goals and her potential.”

:what::what:

BBM Well, if he ends up being stuck with Rachel long enough he just may come to know!

 

[luvmygarden]

more about Inglesino:

Inglesino was named one of the Top 100 “powerful people” in New Jersey by Politicker NJ for 2013. Inglesino serves as township attorney for Parsippany, planning board attorney for Morristown and Florham Park, special counsel to Lopatcong and Rahway, and as general counsel to the Morris County Insurance Fund. The managing partner at the Parsippany law firm of Inglesino, Wyciskala & Taylor, Inglesino also represents many of New Jersey’s largest developers. Inglesino has been an ally and financial contributor to Gov. Chris Christie, who in 2012 appointed him to the state's Education Funding Task Force.

http://www.nj.com/morris/index.ssf/...rris_teen_pursue_lawsuit_against_parents.html

In his Certification in this case, he says:

“My wife and I remain mystified as to how the Cannings, or any other parent, could simply decide to disavow themselves of their daughter and abandon her in her senior year of high school – particularly a daughter such as Rachel,” Inglesino said. Inglesino said he and his wife decided to help Rachel with her lawsuit “because she is a terrific, extremely bright young lady who is committed to her future. Rachel will be a contributing member to our society and I believe she deserves an opportunity to realize her goals and her potential.”

:what::what:

Oh yes she is a wonderful girl who happens to have no respect for her parents, her wonderful life at their home, her sisters, and all the gifts they have bestowed on her. She has no respect for her private school education that her parents pay for or for the school who feel responsible for her good education. I guess this man and woman who are assisting her in her lawsuit against her parents have very, very, low standards.

Contributing member of society?? Like the one and only CA from Fl. or JA from AZ. or L.LO movie star who has caused nothing but trouble? I think Rachel's parents have much higher standards and want to create a human being who does not end up like some of these crazy, entitled, lying girls who ruin the lives of many around them. I hope the parents stand strong.

 

[JerseyGirl]

EVERYONE'S coming out of the woodwork!

Lucas&#8217; father, Jeffrey Kitzmiller, is furious with the Cannings for dissing his son in court.

http://www.dailymail.co.uk/news/art...usly-hits-claims-drove-home-drunk-3-30am.html

Jeffery Kitzmiller said he did not want to go into greater detail in the defense of his son at this stage, but his family will get the chance to hit back when the case goes to court on April 22.

 

[al66pine]

http://www.nj.com/morris/index.ssf/...rris_teen_pursue_lawsuit_against_parents.html

In his Certification in this case, he says:

&#8220;My wife and I remain mystified as to how the Cannings, or any other parent, could simply decide to disavow themselves of their daughter and abandon her in her senior year of high school &#8211; particularly a daughter such as Rachel,&#8221; Inglesino said. Inglesino said he and his wife decided to help Rachel with her lawsuit &#8220;because she is a terrific, extremely bright young lady who is committed to her future. Rachel will be a contributing member to our society and I believe she deserves an opportunity to realize her goals and her potential.&#8221;
:what::what:

BBM SBM for focus

Let's see,
- drinking at school event.............................................check
- suspended from school...............................................check
- driving without a license.............................................check
- stopped multiple times for speeding...............................check
- multiple underage drinking occurences............................check
- defying curfew multiple times/habitually .........................check
- plans drinking party while parents out of town................check
- steals money from mother .........................................check
- refuses for follow parental rules on many issues...............check

What have I missed?
ETA: Refuses counseling or therapy..................................check
- won't take Rx...........................................................check

A teen destined to become a model citizen and contrib'g member of society? Or ____?

 

[ButForFortune]

I think it's kinda sweet that he called her his date. I get the impression that it was a party/event where everybody knew each other and therefore knew she was his daughter.

I cannot believe they would insinuate that was inappropriate! My daughter went to father/daughter dances several times during her childhood. One specific dance I remember was through her Girl Scout troop. I am sure that my husband teased her about being her "date" - it meant nothing. I can see my husband teasing her about being his "date" if he takes her to lunch today! And she is 26 now.

Unfortunately, as long as this young ADULT woman has people enabling her, she will not learn enough to stop this train wreck. MOO