In cases where there is an intact family, with parents married and residing together, the statute and case law has no application. In such cases, the parents have no legal obligation to provide support for adult children, no obligation to contribute to college education and adult children have no remedy for compelling such support. In essence, . 2A:34-23(a)(5) and case law permits a burden to be imposed upon one class of citizens—divorced or separated parents—that cannot in like circumstances be imposed upon married parents residing together. Parents in this latter class are thus immune from such legal liability. Likewise, . 2A:34-23(a)(5) and case law creates a privilege for one class of citizens—adult children of divorced or separated parents—that is not granted to children whose parents are married and residing together. In consequence, by establishing distinctions based upon the marital status of the parent, . 2A:34-23(a)(5) and case law violates the equal protection clauses of both New Jersey and United States Constitutions.
Old English be- (unstressed) or bi (stressed) "near, in, by, during, about," from Proto-Germanic *bi "around, about" (cf. Old Saxon and Old Frisian bi "by near," Middle Dutch bie , Dutch bij , German bei "by, at, near," Gothic bi "about"), from *umbi (cognate with second element in PIE *ambhi "around," cf. Sanskrit abhi "toward, to," Greek amphi- "around, about;" see ambi- ).
Originally an adverbial particle of place, in which sense it is retained in place names ( Whitby , Grimsby , etc.). Elliptical use for "secondary course" (opposed to main ; . byway , also cf. by-blow "illegitimate child," 1590s) was in Old English. This also is the sense of the second by in the phrase by the by (1610s). By the way literally means "in passing by" (mid-14c.); used figuratively to introduce a tangential observation by 1540s.
Phrase by and by (early 14c.) originally meant "one by one," modern sense is from 1520s. By and large (1660s) originally was nautical, "sailing to the wind and off it," hence "in one direction then another."