College and Adult Child Support in Alabama: Post-Secondary and Disabled Adult Children

By the FigureMyTax Editorial Team · How we calculate

Child support for college in Alabama ends at 19: courts cannot order it (Ex parte Christopher, 2013). A court can, however, order support for an adult child with a disability who cannot support himself or herself.

Does child support cover college in Alabama?

Not after the child turns 19. In Ex parte Christopher, 145 So. 3d 60 (Ala. 2013), the Alabama Supreme Court overruled its earlier decision in Ex parte Bayliss and held that the child-custody statute (Ala. Code 30-3-1) does not authorize a court in a divorce action to require a noncustodial parent to pay educational support for children over the age of 19 (opinion). Judges can no longer order college support for an adult child.

Can college costs before 19 be considered?

Yes. Rule 32 lists the expenses of college education incurred before the child reaches the age of majority as a reason a court may deviate from the guidelines (Ala. R. Jud. Admin. 32(A)(1)(c)), so a child who starts college at 18 can still have those costs considered while the child is a minor.

Is there child support for a disabled adult child in Alabama?

The Alabama Supreme Court has held that support can continue beyond the age of majority for a child with a physical or mental disability who is unable to support himself or herself (Ex parte Brewington); the Court recognized that exception again in Christopher. It is not automatic: a court has to order it, so talk to an attorney before the child turns 19.

What should the parent of a child with a disability do before 19?

1. Read the order: continuation past 19 is not automatic, and a court has to order it.
2. Gather medical and school records showing the child cannot support himself or herself.
3. Talk to a licensed Alabama attorney well before the 19th birthday about asking the court to continue support.
4. Keep the withholding and payment history, because past-due support stays collectible.

Does a young or disabled child affect the parents’ income while the child is still a minor?

Yes. When a court decides whether a parent is voluntarily unemployed or underemployed, it may take into account the presence of a young or physically or mentally disabled child who requires the parent to stay home (Rule 32(B)(5)). That rule governs the amount of support during minority, not support after 19.

What reasons can a court use to deviate from the guidelines?

Rule 32 lists reasons a court may consider, and also lets it deviate for other reasons shown by the evidence (32(A)(1)):

• Shared physical custody or visitation substantially in excess of what is customary.
• Extraordinary transportation costs for visitation.
• College expenses incurred before the child reaches the age of majority.
• Assets of, or unearned income received by, the child.
• An Internal Revenue Code exemption assumption that will not be followed.
• Child-care costs 20% or more above the amount the rule allows.
• Child-care costs for the parent’s job training or education that will benefit the children.
• Other facts that serve the children’s best interest.

Can parents agree to pay for college in Alabama?

Parents who want to share college costs can negotiate their own terms. Because a court cannot order them, put any agreement in writing and have a licensed Alabama attorney review how it would be enforced.

So when does support end for most children?

The practical effect is that the end date in the Alabama child support end date calculator is the 19th birthday for nearly every child, with the disabled adult child the main exception.

What about unpaid support from before 19?

An unpaid installment from before 19 stays a judgment: see whether Alabama arrears expire or can be forgiven.

Frequently asked questions

Official sources

• Ala. Code 26-1-1: age of majority
• Ala. Code 26-13-1: relief from the disabilities of nonage
• Ex parte Christopher, 145 So. 3d 60 (Ala. 2013)
• Ala. Admin. Code ch. 660-3-16: income withholding, including termination
• Rule 32, Alabama Rules of Judicial Administration
• Ala. Code 30-3-60: definitions, including post-majority enforcement of arrearages

This is general information, not legal advice. It is based on the cited Alabama statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alabama attorney.