Tulsa, OK asked in Family Law for Alabama

Q: Can a paying parent be responsible to continue paying college and medical bills for a child that is over the age of 19

Original divorce decree states parent is responsible to pay for half medical and college "for said minor children" . Child is 21 and child support was modified at age of 19 that paying parent is no longer responsible to pay child support for child after age of 19.

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: What was in effect as of the date your child turned 19? From your question it sounds like the original decree required the payment of college expenses. It also sounds like that order was modified at age 19 so that the payment of college expenses was no longer required. If this is the case, the support order cannot now be modified. The court loses jurisdiction when the child turns 19.

This is an area of the law that has seen significant changes over the past couple of years. It is now not possible for Alabama courts to require the payment of college expenses. However, the Alabama Supreme Court ruling that ended 'post-minority support' has been held not to be retroactive. So if an order requiring the payment of college expenses was entered several years ago, it could still be enforceable.

What bothers me a little bit about your question is this: You say that child support was modified at some point. If the modification said specifically that the payment of college expenses was not required, then that obligation goes away. But if the modification order changed the monthly child support amount, saying nothing about college expenses, such an order doesn't necessarily change the obligation to pay those expenses. The judge does not need to reiterate the obligation to pay post-minority support every time child support is modified. The original order could remain in effect.

It might be worth your while to have an attorney review your divorce decree and the modification order so that you can get a good read on this thing.

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