Q: Can I ask the court to continue Cs after the child's 19th birthday to pay for college expense?
The non custodial parent has agreed to pay after the child turns 19th for the first 4 years.
A: You can ask but you won’t be successful unless your husband signed a written agreeement adopted by the court agreeing to pay post secondary education costs. At one time Alabama courts had the right to award such support and regularly did so but the statute giving them that athority was struck down as unconstitutional as it provided a benefit to children of divorce not afforded to children with parent who remained married. The court will still enforce written agreements as any other contract but do not have authority to order post secondary support absent such an agreement
Kristine Jones agrees with this answer
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