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?

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2 Lawyer Answers

Shane Michael Oncale

  • 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

  • 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!

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