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Ex parte Christopher

Supreme Court of Alabama
145 So. 3d 60 (2013)


Facts

Carolyn and Phillip Christopher were divorced. Phillip filed a petition in the trial court seeking to compel Carolyn, the noncustodial parent, to pay a portion of their son’s college expenses. At the time of divorce, the son was a minor. The son turned 19, the age of majority in Alabama, four days after Phillip filed the petition. The Alabama child-custody statute referred to custody and education of “children of the marriage.” However, the statute did not define “children,” nor did it specify when a child becomes ineligible due to age for parental support after divorce. The trial court granted Phillip’s petition and ordered Carolyn to pay 25 percent of the son’s college expenses. Carolyn appealed.

Rule of Law

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Issue

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Holding and Reasoning (Moore, C.J.)

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Dissent (Shaw, J.)

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