Post Secondary Support: An Ever Evolving Legal Issue

Parents are expected to support their children throughout their early years. More and more adult children are receiving continued support from their parents, but this isn’t typically a requirement under the law. However, things can get complicated when dealing with Alabama law on post-secondary educational support in child support cases.

That’s because the law has changed significantly over the past few years. In fact, Alabama courts currently handle these cases very differently than they did in the decades leading up to the new millennium. This is why it’s crucial for parents to understand how child support plays into post-secondary educational support for their adult children.

When Do Parents Have to Pay for College in Alabama?

Before delving into the long precedent that was eventually overturned, it’s worth discussing when parents are required to pay for their child’s post-secondary education. In most cases, child support obligations end when the supported individual reaches the age of 19. At this point, they are considered an adult and must care for themselves.

However, parents sometimes have to provide financial support for their child’s continued education. This occurs when the parent agrees to the arrangement as part of a court order. Perhaps the parents agreed to continued support as part of their divorce decree, or maybe they reached an agreement when creating a child support and visitation plan.

If you want your child’s other parent to provide post-secondary educational support in Alabama, you need to establish this as part of a legal agreement. If you’re a parent concerned with facing further financial liabilities, though, you likely have nothing to worry about unless you agree to such support. That’s because state law cannot mandate further payments.

How the Law Changed in Alabama

In 1989, Alabama courts decided that non-custodial parents had a legal and financial obligation to support their child’s post-secondary education. While most support ended at the age of 19 — also known as the age of majority — the courts decided that the judicial branch had the authority to require support past this age in certain cases. 

Such support was not mandated in all situations. For instance, the courts would likely not require post-secondary education support in Alabama if it would cause financial hardship for the parent. However, various factors were considered by the courts once this precedent was established:

  • The financial resources and ability of both parents and the child 
  • The academic ability, commitment, and goals of the child 
  • The nature and history of the child’s relationship with the parent who’s being targeted for support 
  • The standard of living the child would have likely enjoyed had their parents remained in a relationship

Each of these was an important consideration when courts decided whether a parent was responsible for post-secondary education in Alabama child support cases. However, this all changed in 2013, when a new case made its way to the Alabama Supreme Court. This case overturned the longstanding precedent and completely removed this authority from courts. 

Put simply, a judge can no longer mandate that a parent provide financial support past the age of majority. This is true even if the child would have difficulty covering college, tech school, or similar educational expenses. 

Negotiating Post-Secondary Educational Support in Alabama

If you want your child’s other parent to contribute to their continued education, the best approach may be to negotiate. Before discussing anything with your former partner, start by understanding the potential costs for your child’s education and reviewing your own finances. In many cases, parents sit down with an attorney who can help guide their discussions and work as a sort of mediator.

You’ll want to have these discussions in a neutral setting and not at a time when emotions are running high. When discussing the possibility of your ex contributing, suggest a fair contribution on their part — but be willing to make compromises. You should also add a bit of flexibility to your plan. This may increase the other parent’s receptiveness, as they’ll know that adjustments can be made if the situation demands.

The most important part of all this is to get your agreement in writing. Remember that no Alabama court will order a parent to support their child beyond the age of majority. However, having an agreement in writing makes it legally enforceable. This is particularly true if the agreement is made as part of a divorce decree or child support order.

Can You Change a Post-Secondary Support Order?

Imagine a situation where you and your child’s other parent reached an amicable solution regarding post-secondary education support.

Maybe this agreement was perfect for each of you at the time. However, we all know that life can change in the blink of an eye. Lost jobs, serious injuries, new relationships, and other unexpected events are common in life.

If you find yourself in such a situation, keep in mind that most court orders are not permanent in nature. Whether you made an agreement in a child support or divorce case, state courts recognize that substantial changes in circumstances can warrant order modifications. If such a change happens in your life, don’t hesitate to reach out for legal help.

Do You Need an Attorney?

People often wonder whether they need an attorney for family law matters. This is especially true among former partners who believe they can reach an amicable solution on their own. Unfortunately, such situations often lead to unexpected consequences that can result in difficult outcomes. For instance, did you know that a judge can refuse an agreement they deem unfair?

In such a situation, all your hard work negotiating may be wasted. It’s also worth noting that family law is extremely complex, so even if you and your former partner agree on everything, it’s critical to make sure you cover all your legal bases and understand the nuances of the law. Having an attorney on your side can be invaluable in these instances.

At The Rose Law Firm, we can help you understand Alabama law on post-secondary educational support in child support cases. Our caring legal team is here to help you achieve a fair and satisfying outcome. Contact us at 205-858-9224 today to schedule your free consultation.