Code of Alabama

Ala. Code § 16-64-1 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026
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For the purposes of this chapter, the following terms have the following meanings:

(1) MINOR. An individual who, because of age, lacks the capacity to contract under Alabama law. Under current law, this means a single individual under 19 years of age and a married individual under 18 years of age, but excludes an individual whose disabilities of nonage have been removed by a court of competent jurisdiction for a reason other than establishing a legal residence in Alabama. If current law changes, this definition shall change accordingly.

(2) RESIDENCE. The single location at which a person resides with the intent of remaining in that location indefinitely as evidenced by more substantial connections with that place than with any other place.

(3) RESIDENT. One whose residence is in the State of Alabama.

(4) RESIDENT/NONRESIDENT STUDENT. In determining resident or nonresident classification, the primary issue is one of intent. If a person is in Alabama primarily for the purpose of obtaining an education, that person shall be considered a nonresident student.

(5) SUPPORTING PERSON. Either or both of the parents of the student, if the parents are living together, or if the parents are divorced or living separately, then either the parent having legal custody or, if different, the parent providing the greater amount of financial support. If both parents are deceased or if neither has legal custody, supporting person shall mean, in the following order: the legal custodian of the student, the guardian, and the conservator.

(Acts 1996, No. 96-663, p. 1088, §1.)

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2023 · leading case: Culjack v. Roberts (M.D. Ala. 2023).
Culjack v. Roberts (M.D. Ala. 2023). · cites it 6× “CODE §§ 16-64-1 to 5. The student’s intent to remain in Alabama is central to a university’s determination of residency.”
Jamarus Butler (Bankr. M.D. Ala. 2019). “CODE § 16-64-1(1) (2013) (italics added). Under the terms of the contract, Butler was to make 72 monthly payments to Ford Credit in the amount of $409.”
— Ala. Code § 16-64-1(1) — 2 cases
Culjack v. Roberts (M.D. Ala. 2023). “CODE §§ 16-64-1 to 5. The student’s intent to remain in Alabama is central to a university’s determination of residency.”
Jamarus Butler (Bankr. M.D. Ala. 2019). “CODE § 16-64-1(1) (2013) (italics added). Under the terms of the contract, Butler was to make 72 monthly payments to Ford Credit in the amount of $409.”
— Ala. Code § 16-64-1(4) — 1 case
Culjack v. Roberts (M.D. Ala. 2023). “CODE §§ 16-64-1 to 5. The student’s intent to remain in Alabama is central to a university’s determination of residency.”
— Ala. Code § 16-64-1(5) — 1 case
Culjack v. Roberts (M.D. Ala. 2023). “CODE §§ 16-64-1 to 5. The student’s intent to remain in Alabama is central to a university’s determination of residency.”
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