Is my husband still responsible for paying child support since his daughter is married?
Full Question:
My stepdaughter (18) for whom my husband has been paying child support had a baby in October 2006, got married in January 2007 and graduated from high school. My husband would like to know where to find written support on what his rights are in stopping the child support. He filed a motion with the court in Alabama to stop child support for the above named reasons and has recieved a court date. He will represent himself due to the fact that we do not have the money for a lawyer.
05/24/2007 |
Category: Divorce ยป Child Support |
State: Alabama |
#5818
Answer:
In Alabama, child support can be terminated at the age of majority (19) or when a child becomes emancipated. A child is usually considered emancipated when he or she graduates from high school or marries.
The Alabama statutes regarding age of majority and emancipation of minors are as follows:
§ 26-1-1. Age of majority designated as 19 years.
(a) Any person in this state, at the arrival at the age of 19
years, shall be relieved of his 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 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 and 20 years before July 22, 1975, but shall
not abrogate any defense or abridge any remedy available to him
prior to such date.
(c) All laws or parts of laws which read "under the age of 21
years" hereafter shall read "under the age of 19 years."
Wherever the words "under the age of 21 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 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.
(Acts 1975, No. 77.)
§ 26-13-1. When authorized; procedure generally.
The several juvenile courts of the state are authorized to
relieve minors over 18 years of age from the disabilities of
nonage in the following cases and none other:
(1) Whenever the father or the mother of such minor shall
file a petition with the court, in writing, requesting that
such minor be relieved from the disabilities of nonage, and
the court shall be satisfied that it is to the best interest
of such minor. The parent filing such petition shall aver
whether he is the guardian of such minor.
(2) Whenever any such minor, having no father, mother or
guardian, or if a parent is living but is insane or has
abandoned such minor for one year, shall file a petition with
the court to be relieved of the disabilities of nonage, and
the court shall be satisfied that it is to the interest of
such minor.
(3) Whenever any such minor, having no father or mother, or
if a parent is living but is insane or has abandoned such
minor for one year, but having a guardian, shall file a
petition with the juvenile court to be relieved from the
disabilities and the guardian shall join in such petition and
the court shall be satisfied that it is to the interest of
such minor.
(Code 1876, § 2735; Code 1886, § 2357; Code 1896, § 829; Code
1907, § 4505; Acts 1923, No. 562, p. 735; Code 1923, § 8280;
Acts 1936-37, Ex. Sess., No. 95, p. 110; Code 1940, T. 27, §
13.)
