Alabama Family Law Blog

A question was recently posted which asked about child support relating college expenses. In Alabama, child support generally stops when the child reaches the age of 19. However, a court does have the authority to enter an award for post minority support to assist with college expenses under certain circumstances. You will here this called a Bayliss Motion after the case, Ex Parte Bayliss, which first gave the courts in Alabama this authority. There are some important things to remember about these cases...

First, and if you remember nothing else remember this, you must file your motion requesting the post minority support PRIOR to the child's nineteenth birthday. Once the child reaches the age of 19, the court permanently loses jurisdiction to enter this type of order.

Second, the appellate court's have placed some limitations on what type of award the trial court can enter in this type of case. It is limited to up to 4 years and conditioned upon the child maintaining reasonable academic standards (which is generally considered a "C" average).

Also, there are only five items that a court will generally make a non-custodial parent pay. They are tuition, fees, room, board, and books. Not, fraternity/sorority fees, not gas expenses, not car notes, not car insurance, not football tickets, not a phone card to call home, etc. Although I should add that a recent case has extended this rule to allow a court to order that health insurance be maintained after majority in these Bayliss cases as well.

Finally, they will also generally cap the maximum fees to the equivalent of what it costs to send an in state student to a state school such as Alabama or Auburn. This doesn't mean the child has to attend a state school. It merely provides a reference to the maximum amount the court will order the parent to contribute. So, the parent is not under a court order to pay for any school the child decides to attend and to which they can gain admission.

And a final note - unlike child support, this is not automatic. Which is to say the court has the discretion to award the post minority support but does not have to do so. Their decision is supposed to be based on several factors, primarily including the childs' aptitude for the education and the parents' financial ability to contribute the support.

Thank you for the explanation of college support. In our particular situation, my husband's ex-wife took us back to court for child support and although we provided all the information we were required to, a hearing was held anyway(we were at the time of the hearing and are currently living in Wisconsin) and they requested and the judge signed an order approving other things besides just the child support, like we are responsible for one-half of all of his daughter's college eduction, including a car. How can they do this. We were not able to due to our financial situation at the time, hire an attorney could not afford to attend the hearing either. Any thoughts would be greatly appreciated.

Hard for me to say without knowing all of the details and seeing the pertinent documents, but I would guess that they took a default judgment against him for his failure to appear in court. In that case, the Judge will often sign nearly anything the other side asks for! I would recommend that he immediately contact a lawyer about the possibility of filing a motion to set aside the order, but time is of the essence. If more than 30 days from the Order has passed (or does pass before the motion is filed), it will make it much more difficult to prevail.

Thank you. This hearing was approximately two years ago. I would assume that the law still needs to be followed regardless of the circumstances. I work in a law firm in Wisconsin and our firm has handled many divorces and this type of situation would never be allowed in a court room here. You can't notice a party via a motion for certain things and then go into court and ask for other things, and have a judge then order them. It is wrong no matter which way you look at it. I just simply don't understand.

Again, thank you for all of your help.

Regarding my last comments on 08/25/05. To begin with, I contacted an attorney down there and was given incorrect information. Given the time since the hearing, what is the best course of action for us to take now.

Need more info on Alabama's Ex parte Bayliss law. Where can I get this in everyday layman's terms?

My research of post secondary support shows that Bayliss applies when the parents have been married and children had some expectation of a college education. Does Bayliss apply in situations where the parents were never married and the non-custodial parent on has a financial relationship with the child?

In the state of Alabama, what are the chances that child support will be extended past the age of 19? What happens when you are ordered to help assist financially with college and the child is gven a full pell grant to attend?

My Husband will be going to court for college support soon. My question is, does my income and personal bills have to be revealed or have anything to do with this since they are not my children.

My wife and I were divorced several years ago and I have been paying child support. We also have a written agreement on sharing college expenses, included in the divorce decree. My daughter turns 19 five months after she goes to college. My attorney has told me that child support ends when he enters college, but all I have read seems to indicate that in Alabama it continues to age 19. Can you clarify?

I filed a petition to modify a divorce decree a week before my daughter turned 19 (almost a year ago). We have had 6 continuances and still no end in sight. We are only asking for the standard colleges expenses to be paid by her dad: tuition and fees, room and board, and books. I am a full-time care giver for our 18 year old son with Down Syndrome and autism. He also has obsessive compulsive behaviors and will not be accepted into any adult day care centers because of aggressive behaviors. We have also asked that he be awarded continuing child support for the duration of his life. My attorney has allowed the children's dad's attorneys to convince him that an income of minimum wage be attributed to me when calculating the amounts for child support for Will. I have a full-time job teaching, supervising, and providing a safe environment in which our thrives and is progressing. I cannot work outside our home. Back to college...the college that Christine is attending is in another state, but it is my understanding that it does not matter what state she is in as long as she is maintaining good grades and is consistent in her efforts to obtain a degree of her choice. We are not asking for any amount over and above the expenses listed already. Since she received a scholarship that covers the cost of being an out of state student, the tuition is much lower than that of Auburn or Alabama. Their dad is saying that I should be responsible for a portion of all the expenses even though he knows I am not employed. I remarried seven years ago and so my husband has been supporting her through college thus far. We are trying to also recover the expenses he has paid up to now. We have a joing checking account, so I have been writing the checks and making deposits to my daughters account and have proof of all expenses we are asking for reimbursement for. Why is it taking so long to reach an agreement? And, can we go into the trial without one and accept what the court will allow? I can't trust my attorney to do what is in the best interest of my children anymore and my bill to him is over $9,000 so far, with no apparent results. Help!

I have three kids. ONe is turning 19 this month. Is my child support reduced by 1/3?

My ex and I have joint-custody and neither has ever paid child support. We had 5 children. Only 2 are left at home, 14 and 17 years old. They are both living with me now. Can I go back and get child support now for these 2 children?

Dawn,

I assume you mean that neither of you were ordered to child support. If that is the case, you probably do have a good case to ask for a modification of child support. However, to fully answer your questions I would need to know a lot more facts. I would recommend that you talk to a lawyer that specializes in domestic relations as soon as possible to get some guidance about your specific case. If you are located in south Alabama, we'd be glad to talk to you. You can find our phone number under the Contact page of the site. Thanks for visiting our blog.

I want to know about college expense before the age of majority. My son will likely start college half way through his 18th year. I must pay 70% of his tuition and expense per our divorce agreement. Must I also pay for the 6+months of child support to his mother during that time?

Roger,

That question is more complicated than it seems. I would need to know the specific terms of your Agreement and the actual expenses your child will be incurring to answer the question.

This issues comes up frequently in Alabama, given that the age of majority here is 19. There is some case law that says the custodial parent can receive both under certain conditions.

So, it is a very fact specific issue. I would get a consultation with a lawyer that specializes in the field of divorce and family law and give them the information specific to your case on which they can base their advice to you.

Of course, if you're in the Mobile area, we invite you to call us. We'd love to help any way we can. And, thanks for visiting the site.

Are you aware of any case law in our state that deals specificially with PACT plans...My ex and I purchased this for our son and paid into it three or four years, then divorced. She kept the PACT plan and paid it until it was paid for. Now she is asking for half of tuition at the normal rate.... and there are no tuition fees as these will be paid by PACT. Will I be required to do this OR to pay her back for the portion of the amount she paid into the PACT plan AFTER we divorced. We are trying to work this out but I want to know my rights as NCP.

Anthony,

Thanks for the question. I do not know of any case law off hand that I can cite you. But, I can tell you that the Judges in whose court I practice will generally take the PACT plans into account.

So, for example, if the PACT will cover tuition but not books, room and board, then the Judge will not order you to contribute to the tuition. Instead, the judge will only deal with those expenses not covered by the PACT and decide to what degree, if any, you should be ordered to contribute.

My husband's ex-wife of 16 years has recently filed for post-minority support. 2 Days before her 19th birthday of course; My question is regarding the courts views on students working in college. My step-daughter only goes to school 2 days a week and then drives all the way to Mobile for the weekend and then back to Tuscaloosa for class on Tuesday. She refuses to get a job close to campus and then drives home to mommy every weekend. But now says they can't afford the expenses of college. I wonder why? Get a job and stay home. Or move home and go to school. We stopped the child support through the court when she turned 19, but rerouted $$ to her personal checking acct. Is it typical for the courts to make you pay, yet you have no say in how it's spent? We are never included no matter how hard we try. From what my daughter says, (who by the way has a 4.0 or better average) she hasn't even applied for scholarships and when I offered my services to assist, was graciously declined stating they had it covered. Only they didn't, no scholarships were filed for. My husband is an Active Duty member of the United States Air Force and at this time is serving in Korea for a year without his family, and for years, his ex has refused to send his daughter to us, because we were overseas or because her friends were more important to her than we were, and that was okay, and this is the thanks he gets for serving his country, paying child support faithfully, and at the age of 14...rights terminated in the state of alabama, we must have her permission to read her records and such, but you're gonna make us pay to send her to college at the age of 19?? Why is this rule only for divorced parents? So does my other daughter get penalized because we stayed married? If we can't afford for her to go to college because we're having to pay for our oldest to go 2 days a week and to the beach on the weekends? We need help...as does this state of Alabama and the people who believe this is acceptable.

I have a question concerning the post-minority support. If a child is attending college and receiving financial assistance such as a pell grant or student loans do they not have to be figured in when the amount the non-custodial parent has to pay?

Pell grants and scholasrships are often treated differently from student loans. A judge usually will subtract grants and scholarship before deciding what the parent's contribution will be. But, the Judge may not subtract the student loans if the Judge thinks the parents have the financial ability to pay the college without the child taking the loans.

My son will be graduating from high school this May. He will be 18. His child support court order was filed in the state of Texas. My son was conceived in Alabama. His father resided in Texas. Can I file for post-minority education support with Alabama?

My husband is currently active duty in the Navy and out to sea. I just received a Summons requesting Post Minority Support for his almost 19 year old son. We can not address this until my husband's return. In the past with Child Support orders, they went forward regardless. Because this is a civil suit, this would be postponed because of Soldier and Sailor's Relief Act, correct?

Also, I noticed this question above but didn't see an answer...is the non-custodial parent's financial situation taken into account when determining ability to pay? Although we would be more than willing to help pay for tuition, we really aren't able without defaulting on other debt. We are currently in debt 55% of our gross income and have two children who require child care so this would be nearly impossible. There was never a marriage or discussion of this prior to now so we are at a loss.

Your husband verly likely is entitled to delay the action under the Soldier and Sailor's Relief Act. As always, I advise you to take the documents with wihch you've been served and get some advice from a lawyer in your area that specialized in divorce and family law.

As for your other question, a non-custodial parent's current spouse's income is technically not supposed to be considered. As a practical matter,however, it could be brought up if the non-custodial parent is saying, "I can't afford the college, here is my income and here are my expenses" where they include the total expenses of the household, but do not mention the other income in the household that is helping to pay those monthly expenses.

I'm glad I found your site! My husband's divorce took place in 1989, there were no references of college. However, his daughter turned 19 in March. There were no motions filed because she was in college and will likely finish up this November. She received a pell grant, etc and had a balance of 1448 due on her tuition. The mother contacted us and wanted us to pay the balance and she would help with a student loan. However, she wouldnt provide us with copies of anything but the tuition bill. We are paying half of the tuition balance and child support every month. Now, my husband contacted the ex wife letting her know he wanted to file a motion to stop support in December 06, the month after she finishes college. The ex writes back that the daughter is going to enroll in another degree program. She will complete a medical assistant degree in November. Is she allowed to continue signing up for new degree programs?

What other expense will he be responsible for during her college? The mother won't supply us with anything. Her history is to save receipts up and submit them in court to be awarded a judgement. But the last court hearing the judge ruled that she had to submit medical/dental receipts to the father within 30days or he will not be required to pay the bill.

My daughter will start college this fall. She will reach the age of majority next fall. I have several questions related to what her father will be required to pay. 1) Will he still be required to pay part of her college tuition while he is paying child support (she will t urn 19 her sophmore year. 2)I have an employee benefit where I get a percentage off of college tuition. Will he be able to "use" half of my benefit towards his share of the college bill?

Lynn,

Both of your questions are good ones. Much of the answers will revolve around your local judges. I practice primarily in Mobile and Baldwin counties. So, I can't answer for other locals. But, my experience in the courts in which I practice is that (a) generally the judges shy away from ordering both child support and college assistance if the child is living away from home at college (because the college expenses would include room and board). If the child is living with you while attending college, that may be different. (b) My experience is that when the Judge looks at how much to order your ex husband to pay, he will only be considering the part that is not covered by scholarahip, grant, or in this case, your employment benefit. So, indirectly your ex could benefit from the fact that you have that program available to you through your employer.

As always, I urge you to consult with a lawyer in your area about these issues. I am giving you information without the benefit of knowing all of the circumstances of your case (which I would need to know to be able to properly advise you).

Good luck.

My ex-wife has a PACT in Alabama.At19 will I be required to pay full tuition, room and board,etc. or a percentage of the PACT?

We were recently sued for college
support. After a two year battle, we
were forced to pay post minority support
on my husbands oldest son. It did not
matter that we had only one income to support six people, including a two year
old and a seven year old at home. It did
not matter that we proved we were financially unable to provide this income. It also did not matter that his
son does not work or contribute to his own cause or the fact that my husband has
to work twelve hours a day, six days a week to make up for what his son will not
do.
Last week, we were ordered to pay his
x-wife the sum of $4000.00 for back post-
minority support for the oldest son, as
well as $800.00 a month post-minority
support for the next three years.
Before the trial, he kept a C average by the skin of his teeth. Upon
further investigation, we found out that
after the trial, he failed the entire
semester of that year from August 2005
till January 2006. His grade average
was a 1.00, All D's and F's, which is unacceptable. Are
we going to be able to re-open this case,
get our $4000.00 back that we need so much, and stop the post-minority support
that he is receiving? This adult-child
certainly does not deserve to have this
support awared to him. The court judge
is unaware of his recent failing grades.
We did not find this out until we had
already sent the money to his X-wife.
What to do in our situation?

My husbands child support modification reads "$$ each month thereafter until the child reaches 19, marries, or otherwise becomes self-supportive," what actually constitutes self-supportive will living on college campus be considered as such being that we will are required to pay for bayliss college expenses? thank you for your time

P. Cole,

I cannot really answer that in the abstract. Much of family law is so fact specific and can also vary depending on your judge. The issue of child support overlapping with college support comes up quite frequently. I recently had a case where the judge ordered that my client's obligation to pay college would not kick in until after the child turned 19 (even though the child was already in college at age 18). Until then, the judge ordered that he just pay the child support. So, there may be some relief available there for you depending on the specifics of the case.

Concerned,

First let me say I am sorry for all the financial hardship it sounds like you guys have had to deal with over this. Second, yes, I think your husband is entitled to some financial relief. If nothing else, most judges will put in the order that the child maintain a "C" average. I would immediately talk to a lawyer about how to proceed to get out of any future obligation to contribute to this child's college educational expenses. As for the $4,000, since it was for back expenses already incurred, presumably while the child was meeting the "C" average reuqirement, I find it doubtful the judge will do anything about that. Which is not to say you shouldn't ask for it if you do have to go back to court. I don't know the timeline in your case, but often time is of the essence in handling these matters, so consider seeing the lawyer that represented you a soon as possible.

Kevin -

In all liklihood you will not have to pay full tuition (it will be covered by the PACT plan). A judge may look to you to help with some of the expenses not covered by the PACT (such as room and board or books). Additionally, they could consider ordering you to pay a higher percentage since your ex paid for the PACT, an action that will likely save you money in tuition.

My ex-husband agreed in our divorce degree in 1993 to pay 1/2 of our daughters' college expenses and I agreed to pay 1/2. My oldest daughter graduated on May 11, 2006. I agreed to a payment plan from my ex-husband in August 2002(the beginning of her freshman year). He has stopped reimbursing for his portion since she has graduated (3.2 grade point average, completed her bachelor of arts in 4 years, and not married).
I would not recommend this arrangement to anyone because of my situation. He rarely payed on time and now owes me $1452.00. The school does not wait for their money so I have completed payment so she could received her transcripts and graduate with her class.
Do I have any recourse with the Family Court? I live in Nevada

If he was ordered to contribute that amount to the college expenses and did not then he is in contempt of court. I do not know Nevada law, but I would assume it is similar to here. You will file a Petition to hold him in contempt of Court and the Judge would likely give you a judgment against him (in Alabama they also add 12% interest per year).

Wondering about this...

Assuming PACT was obtained and paide into for five years being married and then divorce and CP kept paying the amount until paid. Now at age 18 wants NCP to pay her half the cost of tuition......even though no tuition is owed due to the PACT.... are there any cases dealing with this...doesn't seem fair...

Written By:Kevin
On July 16, 2006 09:59 PM

My ex-wife has a PACT in Alabama.At19 will I be required to pay full tuition, room and board,etc. or a percentage of the PACT?

Can a child be emancipated if he does not attend school aka drop out? My son is 17 and will be 18 in 8 months. The Support order is in Alabama but he resides in Georgia with his mother. Since returning to reside with his mother 10/04 he hasn't passed one class and has been kicked out of public and alternative schools along with (2) trips to a juvenile camp, the longest was for 3 months.

My husband has been in an on going court battle it seems with his ex-wife in Baldwin County. Their Divorce was very ugly with no hope even now of being civil. The past 3 years my husband has had resticted visitations where he is not allowed to take his children out of the county of Baldwin and he can not have over night visitations. He has tried to file a motion to have it changed but the court date has been pushed back over and over until three years have passed. His daughter is now 17 and his son is turning 16 next week. We have had 2 court dates this year already in a continuance. We are going again in Sept. and now we have interrogatories to answer because she is going I assume for more child support or possably the College support. How does a father whom already pays alot of child support, and alimony, and is never late; not even be able to get a fair visitation. His visitations are every other weekend but we live in Ga. It is expensive to only have visits in Baldwin. And now that the possibility of having to pay more for children that he dosent get to see. Who helps the Fathers in this situation?

SD,

I am sure that you and your husband are very frustrated at this point. It sounds like you have every right to be. As I tell my clients, the justice system is just not set up to adequately address family situations. That being said, your lawyer is the one who is to fight for you and try to avoid these types of delays. Unfortunatelym sometimes it is out of the lawyers' hands as the courts continue to be backed up with more cases than they can handle. I really hope you guys get a fair resolution soon. Good luck.

sid,

Yes, this comes up rather frequently. It is all depends on the specific facts f your case, but generally speaking the court will not make a parent pay where the PACT is already paying. If custodial parent paid al of PACT, I have seen the judges order non-custodial to pci kup the other expenses not covered by the PACT.

D. Colvin,

In my experience, and based on my understanding of the law, the mere fact that a child is not doing well in school is not grounds for terminating support. The real question is whether they are self supporting.

CJS,

I do think a judge would take into account your student loan payments your helping your daughther with. I assume the Judgment of Divorce did not address either children's college expenses? If it did, then obviously that would come into play also.

I would suggest that you at least get a consult with a lawyer that specializes in divorce and family law so they can review your Judgment of Divorce and the facts of your case and advise you accordingly.

Do you have to file to stop child support payments once the age of majority rolls around or can we just simply stop sending the checks? And is it mandatory that you are notified at the time if the ex files for post majority support..college expenses. Are you told immediately that they filed for these college expenses before the age of 19 or can you find out later on, perhaps after the age of ninteen, if you can not keep paying for their college expenses.

Confused,

The better practice is to file a Motion to Terminate Child Support. If the child support is coming out of your paycheck through an income withholding order, then you must secure a Court Order to be sent to your employer notifying them to stop taking it out of your check.

If you owe no arrearage and have no other minor children, then often you can file a motion on your own behalf (without a lawyer) and submit it with a copy of your child's birth certificate and some Judge's will stop it based on that. However, if the court's records show an arrearage or other minor children for whom child support must be paid, then you must file a motion (and in that case I advise you get a lawyer to handle it for you).

As for the post-minority support, yes they must notify you of such a filing. You would be served with the Petition for Post Minority Support by a sheriff's deputy, certified mail or a private process server. The petition MUST be filed before the child's 19th birthday, but it could be served on you after the child has turned 19. (For example, if they filed the petition right before the 19th birthday, then the clerk's office took several weeks to process it and then the sheriff took another week to get it served, you would not find out about it until then). But, you must be properly served before they can go to court and enter an order for post minority support.

One other important note, often you do not want to file a motion to terminate child support until after the child has turned 19. That way your filing the motion does not spur the custodial parent to file a Petition for Post Minority Support. So, you can wait until right after the child's 19th birthday, check with the clerk's office to see if they filed anything for post minority support, and then file to terminate the support.

All of that being said, understand that I am giving you generic information and not advice specific to your case. I can't do that without more specific facts about your case. So, you should consult with a lawyer before taking any specific action.

My ex was ordered to pay college expenses. Our daughter is now attending school, and she is having trouble and is considering dropping out. She has been told by her father that if she does not complete her first semester he will not be obligated to pay anymore (she will be 19 next year). Is this true? She got a student loan for her tuition, and he has not given her money for books, living expenses, etc. I have been paying for that. He is still paying me child support for her, and I have been giving her that money for her expenses. Will that stop if she drops out? Thank you.

I live in florida so this is a really nice service THANK YOU. In reading posted questions i am not sure if support automaticaly terminates after 19. would you confrim one way. THANKS AGAIN CJ

My husband has an agreement to pay half of his son's college tuition, room and board, and books, not to exceed one half the average of these costs in the state of Kentucky. His son spent a semester in Australia without his dad's approval and now the mother who cosigned a student loan with him has brought a motion to compel my husband to abide by the terms of their agreement and pay the $14000 loan as well as his rent at his apartment near school while he was in Australia. Furthermore his regular tuition was covered by grants and scholarships. She is saying that it doesn't matter he still owes one half. In your experience do you think she will prevail in this matter?

My husband pays child support to his 17 year old son. However, he has a 3 month old child and his mother has allowed his girlfriend (the child's mother) to move in to the residence. The two children have voiced their interest in getting married, but the mother had told them no because she has to have that child support to pay her bills. The son works almost full time and although lives with his mother, maintains a co-habitation relationship with his girlfriend and child. Is this grounds for emancipation or reduction of child support? The divorce states 19 and half of college expenses after that time. Also, the divorce states that the father is responsible for all medical/health expenses outside of insurance. Where does the insurance co-pay fall into this? We keep receiving bills where the co-pay has not been paid. Is this normal?
Thanks-

What college support or expenses can a student receive if he lost his mother, and the dad is unable to work?

My oldest son is 19 and in college. I didn't know that I was supposed to file a petition to modify before he turned 19 for my ex-husband to continue CS payments. He was in fact enrolled in college before the age of 19. My ex has informed me that he has an attorney and will not pay CS any longer. He has not paid one dime toward our son's college education and now he doesn't even want to pay a weak $200/mo. Our son used this money to travel from TN to AL to visit. Is there anything I can do to stop this? I mean it was only $200, but that was a big help in getting our son back and forth on the weekends. Thanks!

My husband's daughter is 19 and in college. His ex is now requesting that he continue to pay $600 a month child support and half of all of his daughters college expenses. The order for child support says he will pay until the child reaches the age of majority and does not mention college. Is it true that the court has no jurisdiction after the child reaches the age of 19?

Yes, generally speaking, once the child reaches 19 the court loses jurisdiction.

Julia,

Unfortunately you may be out of luck. If a petition for post minority support is not filed before the child's 19th birthday, jurisdiction is usually lost and the child support can be stopped. But, I can't give you specific advice in this forum (in part because I would need to know all of the specific facts of your case). So, I would recommend that you get a consult with a lawyer to discuss the matter as soon as possible.

My daughter turns 18 in March and will graduate in May. She is planning on going to college but her grandparents are going to pay . In my divorce agreement, it states that I make child support payments "on a monthly basis thereafter". It was filed in 1991 . My question is, how long do I have to pay, until what age?

First off, thank you, this is a great service you provide.

In brief, my daughter is almost 18 and already in college, and also working part time to pay for her own bills and some of the school. She has grants and a loan, and I have been helping her out by contributing a major share of her tuition and books on top of the child support. I found out recently that her mother has kept most of college the money I sent my daughter (who lives at home and has to pay her mother 1/2 of most bills) and not using it for her college as intended. I was planning to have my daughter open her own account at 18 and start sending her both child support and college money directly to her, but didn't know about the age of 19 for majority. Is it possible to still pay my daughter directly once she turns 18? Would it violate the child support order if I can prove the money is still being sent? After all, this is for my daughter's benefit, not support for my ex.

Oh, I wanted to add, the original child support order had an agreement between my ex and I to send the child support checks directly to her.

Thanks in advance,

Daniel

Rob,

If I understand the facts that you outline, you would pay child support until 19 (I'm assuming this is a divorce in Alabama - the age of majority does vary among the states).

The exception would be if there is a specific order for you to pay post minority (college) support. Getting this close to 19, I would advise you to get a consultation with a divroce specialist in your area to make sure you take the right steps to get the child support stopped when it is supposed to.

Good luck to you.

Daniel - you are welcome. It is my pleasure to be able to provide this service.

As for your question, I am afraid this one gets into specific legal advice and beyond general legal information. (I am not able to give specific legal advice on this site).

I will say that doing what you propose could cause you a problem without a court order clarifying the issue. But, there is also the issue of post minority support that I would be concerned about.

My best piece of advice would be to get a consultation with a qualified divorce lawyer in your area. They can get all the details from you, review your court orders and advise you specifically.