What is the legal term that is used for continuation of child support once child is of age?
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Answer:
In some states, it is possible for the court to order support past the age of majority. It is typically referred to as post-majority support. If a court determines it appropriate for parents to contribute to a child's post-secondary education, the family court judge may terminate any existing child support order and replace it with an order requiring the parents to contribute to the child's education expenses. By law, these expenses include college or vocational school tuition, books, and fees. Orders may also include payment for health insurance or medical expenses.
Alabama recognizes two grounds for the continuation of support beyond the child’s reaching the age of 19. The first is for the payment of the expenses of college, and the second is for continuation of support for a disabled child if the disability continues into adulthood.
College support was established in a case called Ex Parte Bayliss, 550 S.2d 986 (Ala. 1989). The key consideration in dealing with Bayliss support is that it has to be applied for before the child reaches the age of 19. If the child has already reached the age of 19 before Bayliss support is requested, courts have believed in the past that they lack the authority to award college support. The expenses included in Bayliss support are tuition, books, room and board, and necessary fees.
Support for a disabled child was established in a case called Ex parte Brewington. The Brewington court cited a court in New Jersey as follows: “Children who are unable to care for themselves because of their minority are no less entitled to the court's solicitude when they continue to suffer, after they have attained their majority, from a physical or mental disability which continues to render them incapable of self-support. Normal instincts of humanity and plain common sense would seem to dictate that in such cases the statutory obligation of the parent should not automatically terminate at [the age of majority], should continue until the need no longer exists.”
