Q: Alabama Child Support termination and college / post-minority support non-custodial requirements?
My marital separation agreement from March 2013 states "child support payments shall continue until the minor children of the parties attain the age of nineteen years, marries, becomes self-supporting OR commences college, whichever shall first occur. I have 3 children. One child is 21, another almost 20 (both in college) and the youngest is still 18 and has begun college. College expenses were NOT addressed nor commitments made concerning such within the settlement agreement. My ex has continued to pay full child support as in the agreement, even as the children passed age 19. My questions are 1) Can my ex now terminate child support for all 3, including the youngest, by the provisions of the language noted above? 2) Can I petition the court for additional monies to help with college costs for any of the children should my ex decide to discontinue child support?
A: Hello, it sounds like you and your spouse signed a settlement agreement. So regardless of what a judge COULD HAVE done then, you settled before it got that far. That being said, the agreement says what it says. So 1) yes. 2) you can, but that is no longer the law unless he agrees in another settlement. Bonus, if you continue accepting money from him you know you are not entitled to, he can sue you for all the overages he has paid past the children being 19/ in college. Best of luck!
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