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.
My son turned 19 in August and is now going to college. I pay child support to his father. Does the law in Alabama state that even though a child is 19 yrs of age and going to college that child support should still be paid? Also, when my younger son turns 18 yrs of age and moves away to college, will I still have to pay child support until he turns 19?
Alabama law provides that child support stops at age 19. And as for your younger son, it continues until the child is 19 unless the judge orders otherwise.
Thanks for your help with my questions.
I understand I still will have to pay child support until my son turns 19. Will I still pay his father or give it to my son that is moving away to go to college?
Child support is always payable to the custodial parent, not to the child.
I was divorced in Alabama in 1995. My ex wife and my daughters live in Texas now and I reside in Colorado. My question is this: Under which state, Alabama or Texas, is child support computed? And which state determines the age of majority? If it is still Alabama, can it be changed to Texas? If so, which state is petitioned for the change?
Thank you,
C. Warren
Under UIFSA (Uniform Interstate Family Support Act – adopted now by all 50 states), Alabama retained continuing and exclusive jurisdiction as long as either parent or the child lived in it. Now that this is no longer the case, jurisdiction shifts to the child’s home state (where the child has lived for the last 6 months), which sounds like TX.
Lee,
Thank you for your prompt answer. So to be clear, does Texas now determine the child support guidelines and the age of majority? If so is this automatic or do I need to petition the Alabama court or the Texas court to change it? My divorce decree states child support will be paid until 19. (the age of majority in Alabama) Texas is 18 and graduated from High school. Thank you again!
C. Warren
No, that’s not what I said. I presume there is a decree still binding in your case. You should follow that decree until a judge orders you to do something else. I was addressing the proper venue if you want to re-open litigation on the case. I have not addressed, and will not address without being paid to do so, what state’s law would govern the various issues involved.
I am paying Child Support in Alabama for my son and he will be 19 on January 3rd 2009. >> Do I have the right by law to stop Child Support without having a lawyer.? I am on SSDI 100% disabled.
It depends on (a) what your decree says and (b) whether this is your only child. If your decree says that child support stops when the child is 19, and if this is your only child, the answer is yes. You simply stop paying at age 19.
Well he is my only son with this woman whom I was never married to. But at the end of the Court order it says that Child support to be paid until such time as discharged by Law. Which in Alabama State Law is age 19 then I would guess that i wouldn’t have to hire an attorney just to have a Judge say its over >> Or am I right about that or not? I am on disability and can’t really afford an atty. and it seems to me that this would defeat the whole purpose of having that Law. It seem that I read in an Alabama Law book at a Library that when a Child becomes Emancipated and of age (19). Then the Paying Non-custodial can just stop the pymts without having to go to court once the child becomes of age. Is this still true today?
I’ve told you what I know. Can’t go further on a message board. Sorry.
My 17 yo daughter lives with her mother will turn 18 on 22 May 09. Her (my daughter) new son will be 1 year old on 14 dec 08. He also lives with my ex. Our divorce decree was signed in Alabama in 1994. I am on active duty stationed in CA. They live in Florida. Do I need to petition the court in Florida for relief of Child support or the court in Alabama, even though they have not lived in Alabama since 1987. It is along story about how we were divorced in Alabama. Just trying to find out about relief of child support. My grand son’s birth was covered under my military insurance and health care up until he was six weekd old. The divorce decree states nothing how long to pay child support. My oldest daughter 23 has been out of the house for 4 years now, and i have not stopped the amount of child support i have been paying for her or her sister since she was five. Plus i pay 100.00 more than it states in the decree. Please advise.
Respectfully
CPO NAVY
Your JAG officer should help you figure out where to file. My guess is that, assuming your domicile is not in Alabama, jurisdiction shifts to the home state of the child, FL.
I am an 18 year old male living in Alabama. I am tired of living with my parents. My dad verbally abuses both me and my mother. My mother doesn’t take up for me anymore because she found out that when she did my father came down on her as well. I’m tired of always being put down by my father, I’m tired of him just completely demoralizing me. I want to leave. I have a place I can go to, I will have a job, I will still be enrolled in high school, and I will still go to college afterwards. I’m not a dumb kid by any means, I am a very successful student, but nobody knows what goes on in my home life. I need help. Am I able to leave home on my own without my parents being able to lawfully do anything about it?
Talk to your counselor at school. This is an issue they deal with on a regular basis, so your counselor should be able to help you develop a plan.
What is the rational of keeping the age of majority at 19 in alabama as opposed to 18? At 18 you can vote, and hold elective office, join the military, fight in a war, have children, get married and have consensual sex. Yet, parents are held hostage to some kids who want to do what they want to do at eighteen. It is as though we are trying to keep them children for some inexplicable reason. Most kids at eighteen are basically out on their own with the parents continuing to have to be responsible for their behavior. This is corrupt.
How far behind on child support does one have to be before charges can be made?
Not sure what you’re asking. After a delinquency of one entire month’s support, even for one day, the CP can ask for service of an Income Withholding Order where none existed before. After a delinquency of 12 weeks or more, the employer’s take from the disposable earnings of a payor not supporting other dependents can be increased from 60% to 65%.
I have an 18 year old daughter that I have had custody of for the past 10 years, now that she is 18 she wants to finish her senior year and move in with her grandmother in another state. Her mother also leaves in the same state as the grandmother. Can they sue me for child support? Her mother has never paid us for support in the past ten years and the 18 year old is choosing to move over there to finish school.
Assuming your daughter is not yet an adult, yes, the parent with whom she is living is entitled to support from the NCP and certainly may ask for it. The fact that you have been caring for her without support in the past is interesting, but irrelevant.
Can a life insurance company withhold dispersing benefits to a beneficiary that is under the age of 21 in the state of Alabama?
This is outside my area, but I have a layman’s impression that they can (maybe must?) insist that the recipient be an adult. So they either wait for the beneficiary to reach legal age or there’s some kind of administration set up under the auspices of the probate court.
I have questions about having a marriage annulled. I have been married for 8 months and have just found out that my husband has been on a singles website talking to other woman and also he has just went to the doctor and was told he was suicidal and depressed. Are either one of the above grounds for annullment?
Any advice would be greatly appreciated.
Thanks!
No. Sorry.
Question. My husband is paying child support and his daughter is now 18 years of age and is due to have a baby on April 27, 2009. Wouldn’t she be considered as an adult at the point of delivery, thereby releasing him from any obligation to pay child support to her mother?
Child support continues until a child marries or becomes self-supporting. I’m not aware of a principle that says it stops because the child has a child.
Does child support automatically stop when the oldest child reaches nineteen if we have another who is seventeen & how is the remaining child support figured if this is done automatically?
No, nothing happens automatically. Child support will continue at the prior level until Mom or Dad files a petition to modify. If they are cooperative, they can file a joint petition to modify, which you can read about here: https://divorceinfo.com/jointpetition.htm .
MY BROTHER IS SEEKING SOLE CUSTODY OF HIS (ALMOST 3 YEAR OLD SON) IN MARSHALL COUNTY ALABAMA. HIS WIFE INITALLY ASKED HIM FOR THE DIVORCE, AND WANTEED TO KNOW HOW SOON SHE COULD START SEEING OTHER PEOPLE, MY BROTHER FILED FOR THE DIVORCE FIRST. SHE HAS TWO CHILDREN FROM A PRIOR MARRIAGE AND GAVE UP CUSTODY OF THOSE TWO CHILDREN. THE COURT ORDERED HER TO PAY CHILD SUPPORT, HOWEVER SHE HAS NEVER DONE SO. THE STATE OF ALABAMA HAS ORDERED A COURT DATE REGARDING HER NON PAYMENT FOR LATER THIS MONTH. WILL HER NOT WANTING OR TAKING RESPONSIBILITY OF HER OTHER TWO CHILDREN HELP HIS IN HIS CASE FOR CUSTODY?
In most courts and with most judges, the answer is yes. The fact that a parent fails to pay court-ordered child support for two older children would hurt that parent’s chances of getting custody of younger children. It’s not fatal, but it’s not good news either.
Suppose an 18 year old child, resident of Alabama where the age of majority is 19, leaves home and moves to say, Iowa, where the age of majority is 18.
One of the child’s parents then files a police report, claiming the 18-year old is a runaway and this parent wants the child forcibly brought back to Alabama.
The 18-year old has never been in trouble with the police, graduated from high school with no problems, has a spotless driving record and so forth. She leaves no outstanding debts behind. There are no drug, abuse or other illegal activities going on in Iowa.
Can/will the authorities in Iowa send this 18 year-old back to Alabama?
Thanks in advance.
I need an understanding of what this means. My son is 17 and is graduating from high school in Decemeber and will be going to college in another town. I received this from the court. And im not sure if I stop child support payments after he graduates or not. Monthly child support payments shall continue until the last child to emancipate has graguated from high school, if that child is emancipated only by age, is under nineteen and is attending high school, or until all the children are otherwise emanicpated.
I would assume that means you should stop paying child support when your child reaches the age of 19.
Mike, I don’t know the answer to your question. I’m sorry.
I think this should be a YES with stipulations. For example:
We are a military family stationed at Ft. Benning, GA but residing on the Alabama side. Our home of record in the state of KY. which is where our driver’s license remain issued through and the state we pay our taxes to. The issue at hand is our 17-year-old soon to be 18-year-old, who is graduated from high school and now in college, will be of the age of majority at 18 in KY and GA, but not in Alabama until 19. We consider KY home and that is where she spends the majority of her time. We are very concerned about her being an adult in one state then coming here to Alabama and not being an adult. She also holds a KY i.d. I have tried to track down HB64 and SB198 (lowering the age of majority in Alabama) to no avail. I feel as though we are caught in a tri-state loophole. Are we required by law as a military family to abide by temporary state of residence or by home of record?
This isn’t my area, but I have the impression that each state enforces its local age of majority on any person within its borders, however briefly. So while your daughter is in Alabama, all the normal constraints on a child less than 19 would apply to her, even those constraints that wouldn’t apply to her in the state of her permanent domicile.
We live in Alabama and have a daughter we pay child support to. She is 18 now and is graduating in May. She plans on getting a job and moving into an apartment with a friend and going to college this fall. Our court papers say nothing about when child support stops. Is it when she graduates or turns 19, whichever comes first. Or does it continue because she’s in college. Does it matter if she works full or part time or is in college full or part time? Or is her graduating high school or turning 19 the only factors involved in determining if child support continues? Thanks for your insite!
In general, the standard (which is expressly provided in most divorce documents) is age 19, or married, or self-supporting. Child support does not continue past age 19 just because the child enters college, although the court does have the authority to order the parents to provide support (other than child support) for college after the age of majority.
I have a stepson who turned 18 Jan 3 this year. We have been paying child support.
If he drops out of school, we still pay child support?
Usually, the standard is whether the child is self-supporting. Whether the child is still enrolled in school may be relevant to that, but I wouldn’t assume that it’s dispositive.
My stepdaughter will be 20 March 19 she is in college my husband agreed to pay a reasonable amount of college the judge order for him to pay all of college and to give the money to the ex-wife not the school is there anything we can do
Yes. You can start by punctuating your sentences. There’s a reason people use periods to end sentences and capital letters to start them, and I commend the practice to you.
I THINK you’re concerned that the judge has ordered Dad (your husband) to pay for college and to do so by paying the money to the student’s custodial parent. That doesn’t sound unusual, so my best guess is that there’s not much he can do to change it.
I am 58 years old and was married 5 years ago to a woman that was pregnant with my child. I do not love the woman and its very hard to live with her because of her laziness and her bitterness. My question is if I divorce her what would I have to pay her other than child support. We have a house that neither her or I could afford sepearately and she is employeed.
My husband’s AL divorce decree only requires him to pay child support to his minor children.Daughter is in college on financial aid (pell grant, work study and student loans WITH large refunds). The CP is wanting to file a continuation order before she turns 19. I know the court does have the authority to order the support (other than child support)after the age of majority.
Our questions are: 1) If court orders post-minority support, is that in ADDITION TO child support or instead of 2) Is there a “feel” or standard by which judges order this? 3) Does her financial aid and the fact that she receives very large refunds make a difference in her NEED for assistance? This daughter spends $400 on clothes, takes 8-day spring break trips, eats out frequently, etc. 4) If the CP does indeed file prior to the daughter turning 19, what steps would we need to take to refute it in court? 5)What criteria would a judge use to determine if more support or continuing support is granted 6)Our financial situation has changed and there are more children, will that make a difference?
We’ve used you before and may consider using your services again, if needed. Sorry so many questions…
Hi Marcia,
Dad shouldn’t consider using me unless he and Mom are on the same page, and that seems unlikely.
1) If court orders post-minority support, is that in ADDITION TO child support or instead of
Usually, but not always, it’s instead of.
2) Is there a “feel” or standard by which judges order this?
If the two parents’ incomes are similar, usually 50/50 sharing. If one makes much more than the other, often 100%.
3) Does her financial aid and the fact that she receives very large refunds make a difference in her NEED for assistance?
Yes.
4) If the CP does indeed file prior to the daughter turning 19, what steps would we need to take to refute it in court?
If Dad thinks his daughter is living extravagantly, he can show that she’s spending more than he and his family are on clothes, trips, and eating out.
5)What criteria would a judge use to determine if more support or continuing support is granted
You should ask the judge. My assumption is that there’s a threshold question whether the student has the aptitude and the desire to attend college. If the answer is yes, then it’s based on what the student needs and what each parent can afford to provide.
6)Our financial situation has changed and there are more children, will that make a difference?
Yes, with most judges. I wish it didn’t, because I hate to see children punished because Dad decided to sire a new family, but fortunately for Dad, most judges see it differently.
My Divorce Decree states that I pay for 50% of any health-care expenses not covered by my insurance. My ex has decided to get braces for our kids (3) in Mexico after I told her not to or at least to wait. She is now demanding I pay 50% of the bills. My question is does health-care expenses as stated in a (my) divorce decree include dental (braces) expenses?
Most divorce decrees spell it out, with language something like this: “The Husband will pay for 50% of any and all reasonable and necessary doctor, hospital, medical, prescription drug, vision, dental, orthodontic, or other medically-related expenses for the Children not covered by insurance. The Husband will pay such expenses as they are incurred. The Wife will pay the remaining 50%.” I gather yours is less specific, which means you and Mom can have a gay old time fighting about this. Or you can just go ahead and pay it, because I bet you would lose if you ask a judge to get involved.
Thanks Lee,
You responded quickly and I really appreciate it!!!
My son turns 18 on November 30th and he has been told that is when he becomes an adult. The state code reads 19, and the HB64 bill does not address this on Alison. Is the legal age still 19, or did a bill get passes that lowers it to 18? If so what is the bill and where can I find it.