## Facts

- Carolyn Sue Christopher (mother) and Charles Phillip Christopher (father) divorced in 2010; the father had custody of their son, C.C.
- Four days before C.C. turned 19 (Alabama’s age of majority), the father petitioned in the divorce court for an order requiring the mother to pay part of C.C.’s college expenses.
- The mother argued she could not afford the requested contribution and challenged the legality of court-ordered postmajority educational support.
- After trial, the court ordered the mother to pay 25% of C.C.’s college expenses (stated as $9,435 per semester).
- The Court of Civil Appeals affirmed under then-controlling precedent allowing postmajority educational support when requested before the child reached 19.

## Issues

1. Whether § 30-3-1, Ala. Code 1975, authorizes a divorce court to require a noncustodial parent to pay college expenses for a child after the child reaches age 19 when the request is filed before majority.
2. Whether the precedent permitting such postminority educational support should be overruled as an incorrect interpretation of § 30-3-1.

## Decision

- The Supreme Court of Alabama reversed the judgment affirming the postminority educational support order and remanded.
- The court held that § 30-3-1 does not authorize a divorce court to order a parent to pay educational support for a child who has reached age 19.
- The court expressly overruled Ex parte Bayliss, which had previously recognized such authority.

## Legal Principles

- Statutory terms are given their plain, ordinary, and common-law meaning unless the legislature provides otherwise.
- In § 30-3-1, the term “children” refers to minors, not adults who have reached the statutory age of majority (19).
- Courts may not create support obligations not found in the statute; judicial construction cannot add what the legislature omitted.
- Legislative inaction after a judicial interpretation does not, by itself, constitute legislative approval or ratification of that interpretation.

## Conclusion

The Alabama Supreme Court held that divorce courts lack statutory authority under § 30-3-1 to require parents to pay college expenses for children after they reach age 19, overruled prior precedent allowing such awards, and reversed the postminority educational support order.


Ex parte Christopher, 145 So. 3d 60 (Ala. 2013)