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Ex parte Christopher

Supreme Court of Alabama

145 So. 3d 60 (2013)

Relevant factsFree

Carolyn and Phillip Christopher divorced while their son was still a minor. After the divorce, Phillip petitioned the trial court to compel Carolyn, the noncustodial parent, to pay a share of their son's college expenses; the son turned 19 (Alabama's age of majority) just four days after Phillip filed the petition. Alabama's child-custody statute referred generally to 'children of the marriage' without defining 'children' or addressing when a child ages out of eligibility for support. The trial court granted Phillip's petition and ordered Carolyn to pay 25 percent of the college expenses; Carolyn appealed.

IssueFree

Whether a trial court may order a noncustodial parent to pay postminority college expenses under a child-custody statute that refers to 'children of the marriage' but does not itself authorize support for children who have reached the age of majority.

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