Birmingham, AL asked in Child Support for Alabama

Q: I have two children with my ex husband; one of whom is soon to be 19. My ex has already expressed his intention of

halfing his cs at that time. Based on what I have read on here he cannot just do that; however, he has always just given me a check every month rather than it being held from his check so I don't know how this affects what happens when my oldest turns 19. Also, the younger child will be 19 next year but will be a full time college student. Will my ex husband have to continue payments for him as long as he's full time in college without a job?

Related Topics:
2 Lawyer Answers

Shane Michael Oncale

Answered
  • Birmingham, AL
  • Licensed in Alabama

A: If he half his child support he will be in contempt of court. Wait for him to half his payment a couple of times and then file a petition for contempt and to recalculate child support. The Alabama child support case law that allowed for post secondary support was struck down as unconstitutional. When the oldest child turns 19 child support will end altogether and what if anything the father does for the child while seeking post secondary education will be up to him.

1 user found this answer helpful

Kristine Jones

Answered
  • Montgomery, AL
  • Licensed in Alabama

A: Hello, child support does not automatically stop when the child turns 19. Court action should be taken, especially a second child is involved. It is because of the second child that it will require the modification (to recalculate support)/contempt petitions if he does half the support payments.

Your ex would only be responsible for college expenses if he was ordered to pay it, or in your settlement agreement he agreed to pay it. Post-minority support for college expenses no longer exists in Alabama unless parties agree to it in a settlement agreement. Best of luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.