Legal Question in Family Law in Alabama

Re: Termination of Child Support

If it is shown that a minor is self -supporting, then the parent who is obligated to pay child support may petition the court for a modification seeking to terminate child support and state as grounds that the minor is emancipated and self-supporting. The burden of proof is on the parent who is asserting the minor is self-supporting.

In Alabama, the general rule is that a parent is not required to provide support for a child once the child has become emancipated and self-supporting. There are, however, two exceptions to that rule. The first exception is that the trial court may order support for an adult child who is "so mentally and/or physically disabled as to be unable to support himself. The second exception involves post-minority support for college expenses.

In Conclusion, Evidence such as employment and living somewhere other than with the custodial parent is evidence that a minor is self-supporting but it is not conclusive. One main question still must be addressed as to whether the current child support is still used for the benefit of the child. If so, then the child is not truly self-supporting.

This is not intended as specific legal advice but is provided for general informational purposes only. The facts of your case are specific and you should contact a licensed attorney in your state for advice on specific questions regarding you own situation.