Legal Question in Family Law in Alabama

Re: When does Child Support end

Generally children in Alabama are emancipated at the age of 19, but child support does not stopped automatically (unless a auto stop provision is written into the Judgment or Agreement). The moving parent must file an affidavit with the Court as proof of emancipation, a fairly simple matter.

If a child becomes self-supporting, then a parent can ask that he or she be declared emancipated by the courts or both parents can agree to it and file a petition to modify with the Court. Usually this is after the child�s 18th birthday, but can be done earlier if the child is clearly emancipated, examples would be a 17 year old high school graduate who has graduated from Marine Corps Recruit Training, a married mother living with her husband/boyfriend (not under parent's roof), or a teenager who is employed full time and living independently. Another example would be a child who has run away or has been convicted and imprisoned for a serious offense and whose minimum release date is well past his/her 19th birthday. The key is showing the fact that the child no longer needs child support. Otherwise put: if the child acts like an adult, talks like an adult, and functions like a adult, the child must be a adult. If the child in the Jobs program lives at home and depends on his parents for substantial support, he or she may well not be considered emancipated.

If the parent receiving child support objects, then they must file an objection with the Court and there will be a hearing, with the Court generally following the guidance above.

Note post minority child support is available for special needs (disabled) children and for college, if requested prior to the child's 19th birthday. A Downs syndrome child may well be entitled to life time support for example.