Thanks to my friend Noah Funderburg for word of this one. The Alabama House Judiciary Committee is meeting today to consider reducing Alabama’s age of majority from 19 to 18. The proposal the committee is studying today would change any law that now says “under the age of 21 years” or “under the age of 19 years” to read “under the age of 18 years.”
You can read the bill, HB64, on ALISON. Click on “Bills,” then “Status,” and type in “HB64” as the Bill Number. Then click on the button that says “HB64” and then click “View” in the ribbon above the bill. There’s a companion bill, SB198.
HB64 has an exception for the sale of tobacco and alcohol, and it also says it will not have any effect on child support or on health insurance for minor children.
I’m not aware of any groundswell of enthusiasm for this. Is it coming from used car salesmen who want to sell cars to kids and make sure they’re liable? Maybe from banks who want to get Visa cards in the hands of high school kids? Beats me.
How can this not effect child support.
The bill contains this language:
“Notwithstanding the provisions of subsection 4(c), nothing in this section shall affect or be deemed to affect any child support order or any law relating to child support, including any court decision relating to child support.”
Whatever happened on this? Wouldn’t it have been clearer for them to simply change the age of majority regarding whatever things (the ability to enter into a legal binding agreement, get married, whatever) than to simply exclude Child Support and the sale of tobacco and alcohol?
Unless Mr. Borden has some other bill in his possession, HB64 and SB198 does not contain the language he posted.
HB64 and SB198 are as follows, according to ALISON. The only difference between HB64 and SB198 is Representative Morrison introduced HB64 and Senator French introduced SB198.
HB64
By Representative Morrison
RFD Judiciary
Rd 1 10-JAN-06
SYNOPSIS: Currently, the age of majority is 19 years.
This bill would lower the age of majority to 18 years.
A BILL
TO BE ENTITLED
AN ACT
To amend Section 26-1-1, Code of Alabama 1975, relating to the age of majority, to lower the age of majority to 18 years.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 26-1-1, Code of Alabama 1975, is amended to read as follows:
§26-1-1.
“(a) Any person in this state, at the arrival at the age of 19 18 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 18 and 21 years solely on the basis of age.
“(b) This section shall also apply to any person who arrived at the age of 19 18 and 20 years before July 22, 1975 the effective date of this amendatory act, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.
“(c) All laws or parts of laws which read “under the age of 21 years” or “under the age of 19 years” hereafter shall read “under the age of 19 18 years.” Wherever the words “under the age of 21 years” or “under the age of 19 years” appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 18 years.
“(d) Notwithstanding the provisions of subsection (c) of this section, nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15 of this Code or Section 28-1-5.”
Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
There are strikethroughs in the bill revising 26-1-1 that are not supported in this forum. Please read the bill on ALISON.
Title 15 Chapter 19 deals with Criminal Procedure for Youthful Offenders
Section 28-1-5 deals with the sale of alcohol to minors and underage people working in licensed alcohol establishments.
Nowhere in HB64 or SB198, as it is shown on ALISON, does it make reference to the effect of child support or health insurance.
Mr. Borden, please copy and paste the entire bill, with the appropriate links, that support your statement onto this blog.
Thank you.
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A divorce decree that awards child support until the minor child has reached the age of majority, signed in 1997, when is child support supposed to end?
Any word on this yet? It’s been saying “Pending” FOREVER!!! I hope it is lowered.
I have a son who is about to turn 18. My ex-wife and I have joint legal custody and she has primary physical custody. I pay $700 child support (I have a 12 y/o daughter also) and my son works for me and stays with me 90% of the time. My ex-wife has just remarried and is now posing moving an hour away (out of state) and my son does not want to go. Can he legally make that decision if he is not age 19 yet? Thanks for any help.
Wayne — I don’t think your wife can take your child outside Alabama without the court’s consent, and I have a hard time believing they’d make an 18-year-old working male move with his mom.
In Alabama, is a 17- or 18-year-old high school graduate with no plans for further schooling still considered a minor? It seems ludicrous and hardly in the young adult’s best interest. My son is there, and he needs to be pushed out of the nest before he gets used to this — do I really have no choice here but to support a lazy able-bodied young man for the next 13 months??
Child support continues until the child is 19, marries, dies, or becomes self-supporting. If one of these has occurred, you should talk to your lawyer about stopping child support. If none of them has occurred, you should continue paying.
I have a grandson who is about to turn 18. More than anything in the world, this young man wants to get out of his dad and stepmother’s house. His mom pays support, but nearly none of it is used for the kids. Derek receives NO help from his dad for his car, auto insurance, or schooling. No money is being saved for college. Derek works part time to afford his car and insurance, pays for his own meals, gas etc. and is a senior, trying to maintain a 4.0 in hopes of getting a scholarship because dad certainly is not going to help. His step-mom told him that it was time for him to start paying rent and pulling his own weight. It seems ridiculous that this 18 year old is REQUIRED to remain in a home where he is mistreated and ridiculed on a regular basis just because of a law that does not take into consideration this type of greedy, manipulative, uncaring and ignorant parent /step-parent. He cannot prove that he can financially support himself, but he wants to leave his dad’s home and move into his grandparent’s home at 18. What other option is there?
If your grandson is being abused, he should tell his school counselor and request the counselor’s help. If he’s merely annoyed by his father’s behavior, there’s probably not a lot he can do unless Mom is able to win custody. It would surprise me if a judge allowed him to leave Dad’s house to move in with his grandparents unless there’s some problem with the present arrangement.
I have a 17 year old step son. His mother is the custodial parent in Alabama. The boy has lived with two different aunts (one in Georgia and One in Florida) over the last 8 months. He does not want to follow rules and does not wish to live with his father because of this. He is not allowed to live in his mother’s home because of past physical altercations with the mother’s husband. We have recently learned that the boy has now quit school and is working for an Uncle that he has just moved in with in Florida. He will be 18 in January. Is there a way that he can be emancipated through the Alabama Court?
If I were the judge, I would ask what good emancipation would do this child. From my perspective, that would save your husband a little child support but wouldn’t do anything to help the child. And in all likelihood, if the child is living with his uncle, the judge would just order Dad to pay child support to the uncle instead of to the child.
If Dad thinks the child should live with him, he should say so. He should be prepared, however for one angry boy to come live with him. I’m not sure I would want that . . .
My step daughter has already turned 18 and is expecting a child (Feb, 2007), she still lives with her mother in Alabama. My husband pays his support payment every month without fail. He has received mixed information regarding the pending birth of his grandchild. Since his daughter is 18 and now having her own child, can he file for “otherwise emanciapted”. The ex is trying to get him to pay 1/2 the medical bills that insurance will not cover for the birth….. does not sound right… advise??
Yes, he can file for child support to cease on the grounds that his child is having children.
I had rumors that there is/was a bill before the govenor that would lower the age of emanicaption to 18.. heard anything about it. According to the divorce decree my husband is supposed to be paying 1/2 of medical bills that are not covered by insurance. I am getting conflicting information…. is he resposnible for 1/2 of the prenatal and delivery bills. I would think that the father of the baby is responsible for those not the grandfather of the baby.
Do you know the form that he would need to file to have her emanicpated based on the fact of her having her own baby at age 18….. any websites with info on this… thanks
My husband has been paying child support on his now 18 year old daughter with a 2 year old son. I somehow don’t feel this is right. Isn’t there a law out there to protect the parents from the children who screw up? She was 16 years old, when she delivered her son, went on welfare with her mom, and doesn’t go after the guy that was the sperm donor. How fair is this? Is there anything that we can do??
Child support continues until the child is married, 19, dead, or self-supporting. If none of these has happened, Dad still needs to pay. I’m sorry.
What if an 18 year old “runs away” from the custodial parent and goes to live with a friend somewhere else. (Still in high school.) Can the non-custodial parent stop paying child support? What if she decides she wants to go live with the other parent – can custody even change at 18?
Depends on how long child support continues in your state. The typical standard is whether the child is “self-supporting.” I’m not smart enough to know whether a girl’s having left home to live with a friend makes her self-supporting.
And yes, if an 18-year old is still a minor in your state, custody can change.
My 18 year old daughter recently “ran away” from home to live with her grandparents. She is no longer eligible for coverage under my husband’s health insurance plan, and her father stopped paying child support when she left. My divorce decree says that I am responsible for health insurance. Even though she ran away, am I legally responsible for her medical bills, and does her father still owe child support? I was divorced in Alabama, but we have been living in Tennessee for almost 3 years.
First let’s address where this should happen. If Dad is still in Alabama, Alabama has jurisdiction. If not, then it belongs in TN.
Now, as to what to do. I would think that either (a) grandparents need to be named guardians for her or (b) she needs to be emancipated (declared self-supporting). Obviously, (a) means that you and Dad are still providing support, and (b) means that you are not. So I’ll let you and your family figure out what makes more sense.
I’m 17 years old right now..I am still in school but i plan to move out of the state of alabama when i turn 18 and plan to continue my school year when i completely finish moving, i will find a new job in the state i am moving to also.
one of my friends that use to live in Alabama lives in the state i’m moving to and she is wanting me to live with her..
i turn 18 in May of 2008 and i want to move out of my house.
My dad we get along ok but he drinks alot and when he does drink hes not the best person to be around we always fight and my mom i get along with her fine, both my parents are still together…is there any way i can move out of the state of alabama and move? with out having to be 19 or trying to get an emancipation?
can you suggest what i need to do…i really don’t want to live in Alabama anymore.
I’ll be getting a new job in the new state, ill be completing the rest of my school year in the new state also.
I’m a Junior right now but after this year i will be turning 18 and i want to move to another state where i can actually be more successful.
I won’t say you can’t move. I will say that your father has the legal power to compel your return as long as he is your father and you are a minor.
Can you suggest on how i would ask my parents for me to beable to move?
thats the only real thing i’m having trouble with…
I want to move after i finish my junior year, and then complete my senior in the new school in the other state.
i will have a job also so i will beable to support myself, i’ll be 18 years old then.
or some advice on how i can ask?
I don’t know your parents, and parent-child relationships are not a focus of mine. However, speaking as a father, I would have found it hard to resist an appeal from one of my children if they had shown me how the move would benefit their education and allow them to stay healthy and safe, AND if they backed it up by demonstrating the kinds of disciplines it would take to live away from their parents over a period of months or years. It would also help if the plan they presented included regular progress reports based on objective criteria that nobody could fudge, like regular conferences with teachers and joint review of grades and attendance reports.
Thank you very much.
Hello. I am a mother of an 18 yr. old whom has recently moved out my house with her new girlfriend..this girl is real bad news, she is an addict and my daughter has never done drugs or smoke..she had plans on going to college and becoming very successful,but now that she has been with girl, they have moved three times in the past 2 months and is being controlled by this girl who is 25 yrs old. My husband and I are extremely worried about this situation because of how unstable it is. They both work but as far as them having a safe place to live, well let’s just say its not something any parent wants their child to go thru.. My question is this, do we have the authority to make her move back home?? She has stopped talking about going to college and is completely focused on keeping her girlfriend happy. I dont want her to throw her life away! I really need some advice on this since I havent slept in a few nights over this and I hope I have some ground to stand on legally. We live in the state of Alabama. Thank you in advance
A 18 year old left home because of years of mental and physicall abuse 3 days ago. He is with a 45 year old responsible adult relative, who will see that he has a place to stay and a good job, etc. Can his dad force him to come back home.?
Yes, I would expect that Dad can force a minor child to return home. Once the child is an adult, though, he’s free to live wherever he wishes and is responsible for his own support.
SO, Since the new Bill was passed (HB64) Does this mean that I can automatically Stop Child Support since my son is now 18 coming up on Jan. 3rd 2008 ??? Just wanting to know.. Me and my wife now could have sworn that we saw a ALABAMA STATE LAW that said that child support stops at age 18 and that the paying parent could stop without having to go to court>>>and that was very clear in a Alabama LAW BOOK.
I was not aware that HB64 passed. Are you sure?
I was just divorced in Alabama, but I live in another state. I have a 23 year old disabled daughter who lives with me and the court awarded me custody, and ordered child support (minimal) as well as visitation to her father’s home in Alabama. I have taken her twice to see her father in the past year. He has never come to see her. He has been psychologically abusive to her and she is afraid of him. She refuses to go visit him. She is an adult who is not mentally incompetent. Does the court actually have the right to order a 23-year-old to visit her father? I would like to see their relationship restored but do not see that as possible if it is forced against her wishes.
To my knowledge, you’re on virgin ground with this question. If I were the judge, I think I would be inclined to make you and your daughter choose: either she is disabled and gets treated as a child, or she is an adult who needs no support.
My son will be 18 yrs old in March ’08. He’s currently severing time at Mt. Megs. He’s been in detention since October ’07. Is there anything legally I can do that will stop my child support obligation?
Ask your lawyer to file to modify the decree to cease child support on the grounds that the CP is not incurring any cost for your son.
My ex and are trying to resolve some issues related to our son turning 18 in a month and upcoming college expenses. The decree says he pays child support for the minor child – what age does a child cease being a minor in Alabama? Is it 18, 19, 21? Next question – Is he supposed to continue child support once the child is in college?
19 is the age of majority in Alabama. Child support does not continue past the age of majority, but the court has the authority to order either parent or both parents to contribute to the cost of college.
my 48 yr old son threatened me, said my home was his house that i could not make him leave, what can I do?
If he’s right and it’s his house, leave. If he’s wrong and it’s not, call the police.
Has the Alabama law that states that a judge can order a non-custodial parent to pay for 1/2 of college expenses of their ADULT children ever been challenged as discriminatory? It seems that requiring a divorced parent to pay for college where a married parent is not required to pay is discrimation. In addition, parents should not have to provide higher education for grown children.
If a parent at the time of college is living paycheck to paycheck and cannot contribute to the college of the now adult child, what happens to him/her? THanks.
First, let’s clarify that there isn’t a statute. There is a court case, EX PARTE BAYLISS, that gives the judge discretion to order one or both parents to contribute to college costs.
Now to your principal question. Yes, we family lawyers have been discussing this (essentially an constitutional equal protection argument) since the court promulgated the Bayliss case. You can read a full description of the argument in EX PARTE JONES, 592 So. 2d 608 (1991). So far, it hasn’t carried the day, but you’re right, the issue is there and remains lurking beneath the surface of any conversation about post-minority college support.
first off, has hp64 passed and does it change the age of majority in alabama to 18 where child support is concerned.
second, does the state automatically stop child support when the youngest child turns the age of majority, or does it have to be brought back to court to have it terminated.
thirdly, if it has to be brought back to court to have terminated, and there is an amount in arrears and the court orders the non custodial parent to pay arrears, does the 20 year statuate of limitations start at the date of the original divorce child support court order or does it start counting from the day of the court order for arrears after the monthy payments are terminated where the age of majority is exceeded. And does graduation from high school stop child support.
has hp64 passed and does it change the age of majority in alabama to 18 where child support is concerned.
I’M NOT FAMILIAR WITH HB64, BUT THERE HAS BEEN NO CHANGE TO THE AGE OF MAJORITY IN ALABAMA.
does the state automatically stop child support when the youngest child turns the age of majority, or does it have to be brought back to court to have it terminated.
IF THERE’S ONLY ONE CHILD AND NO IWO IN PLACE, YOU CAN JUST STOP PAYING. IF THERE’S ANOTHER CHILD OR AN IWO IN PLACE, YOU’LL NEED TO GO BACK TO COURT.
does the 20 year statuate of limitations start at the date of the original divorce child support court order or does it start counting from the day of the court order for arrears after the monthy payments are terminated where the age of majority is exceeded.
THE 20-YEAR STATUTE OF LIMITATIONS RUNS AS TO EACH PAYMENT FROM THE DUE DATE FOR THAT PAYMENT.
does graduation from high school stop child support.
NO.
whats an “IWO”?
I will be 18 in Sept. My parents have joint custody of me, but I plan on no longer going to my father’s house once I am 18. I have plenty of legal evidence of his lack of self control and abusive nature mostly through his ex wives and police reports. Can I at least win the right to not be forced to stay with him?
Only if you show the court that it is in your best interest to have no contact with him. Once you’re 19, it’ll be your call, but not when you’re 18.
TN says 18 or graduated from high school to be emancipated. What do you think about the CP having the child who will be 18 in two months requesting to be emancipated from the NCP? Can that be done? Child would be 18 but still in high school and still living with CP. Can the NCP fight the request? The CP is an parent who is engaging in parental alienation tactics.