college education exception (Alabama) · Go Syfert
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college education exception in Alabama

8 Alabama opinions name it 2 courts 1989–2011 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Ex Parte Baylissgreen
ala · 1989 · cited in 6 Alabama opinions naming this issue, 1990–2011
2 sentences

2011See Yarborough v. Yarborough, 290 U.S. 202, 211 , 54 S.Ct. 181 , 78 L.Ed. 269 (1933) ("The character and extent of the father's obligation, and the status of the minor, are determined ordinarily, not by the place of the minor’s residence, but by the law of the father's domicile.”); Ex parte Bayliss, 550 So.2d at 993 (stating that, ”[i]n expanding the exception to the general rule (that a divorced, noncustodial parent has no duty to support his child after that child reaches majority) to include the college education exception, we are merely refusing to limit the word ‘children’ to minor childr

2011See Yarborough v. Yarborough, 290 U.S. 202, 211 , 54 S.Ct. 181 , 78 L.Ed. 269 (1933) ("The character and extent of the father's obligation, and the status of the minor, are determined ordinarily, not by the place of the minor's residence, but by the law of the father's domicile."); Ex parte Bayliss, 550 So.2d at 993 (stating that, "[i]n expanding the exception to the general rule (that a divorced, noncustodial parent has no duty to support his child after that child reaches majority) to include the college education exception, we are merely refusing to limit the word `children' to minor childr

26
Yarborough v. Yarboroughgreen
scotus · 1933 · cited in 1 Alabama opinions naming this issue, 2011–2011
2 sentences

2011See Yarborough v. Yarborough, 290 U.S. 202, 211 , 54 S.Ct. 181 , 78 L.Ed. 269 (1933) ("The character and extent of the father's obligation, and the status of the minor, are determined ordinarily, not by the place of the minor's residence, but by the law of the father's domicile."); Ex parte Bayliss, 550 So.2d at 993 (stating that, "[i]n expanding the exception to the general rule (that a divorced, noncustodial parent has no duty to support his child after that child reaches majority) to include the college education exception, we are merely refusing to limit the word `children' to minor childr

2011See Yarborough v. Yarborough, 290 U.S. 202, 211 , 54 S.Ct. 181 , 78 L.Ed. 269 (1933) ("The character and extent of the father's obligation, and the status of the minor, are determined ordinarily, not by the place of the minor's residence, but by the law of the father's domicile."); Ex parte Bayliss, 550 So.2d at 993 (stating that, "[i]n expanding the exception to the general rule (that a divorced, noncustodial parent has no duty to support his child after that child reaches majority) to include the college education exception, we are merely refusing to limit the word `children' to minor childr

11
Preussel v. Preusselgreen
alacivapp · 2003 · cited in 1 Alabama opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Preussel v. Preussel, 874 So.2d 1124 (Ala.Civ.App. 2003). [4] The main opinion rejects the father's argument on this point because Alabama law, as the law of the parent's domicile, controls the determination of the extent of the duty of a parent to support a child.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Ex Parte Brewington green
ala · 1983
2 sentences

2004In Ex parte Bayliss, supra , our supreme court expanded the definition of children in § 30-3-1 and, accordingly, "expand[ed] the exception to the general rule — i.e., the rule that a divorced, noncustodial parent has no duty to contribute to the support of his or her child after that child has reached the legislatively prescribed age of majority — beyond Brewington, supra (dealing with a physically or mentally disabled child) to include the college education exception." [7] 550 So.2d at 992 .

2004In Ex parte Bayliss, supra , our supreme court expanded the definition of children in § 30-3-1 and, accordingly, "expand[ed] the exception to the general rule — i.e., the rule that a divorced, noncustodial parent has no duty to contribute to the support of his or her child after that child has reached the legislatively prescribed age of majority — beyond Brewington , supra (dealing with a physically or mentally disabled child) to include the college education exception." 7 550 So.2d at 992 .

41989–2004
Kent v. Kent green
alacivapp · 1991
1 sentence

1997Ex parte Bayliss, supra. This court has held that "aptitude means an ability to comprehend the course subject matter in such a way as to make at least average grades upon examination." Kent v. Kent , 587 So.2d 409 , 411 (Ala.Civ.App. 1991).

11997–1997
Pass v. Pass green
miss · 1960
2 sentences

1997In Ex parte Bayliss , the court also stated that the public policy of the State of Alabama is to encourage education. " '[Education] is a duty which the parent not only owes to his child, but to the state as well, since the stability of our government must depend upon a well-equipped, . . . well-trained, and well-educated [citizenry].' " Ex parte Bayliss , 550 So.2d at 994 (quoting Pass v. Pass , 238 Miss. 449 , 118 So.2d 769 , 773 (1960)).

1997In Ex parte Bayliss , the court also stated that the public policy of the State of Alabama is to encourage education. " '[Education] is a duty which the parent not only owes to his child, but to the state as well, since the stability of our government must depend upon a well-equipped, . . . well-trained, and well-educated [citizenry].' " Ex parte Bayliss , 550 So.2d at 994 (quoting Pass v. Pass , 238 Miss. 449 , 118 So.2d 769 , 773 (1960)).

11997–1997
Vaughn v. Vaughn green
alacivapp · 1985
2 sentences

1991See, Ex parte Bayliss , supra; see, also, Murrah v. Bailes , supra; Mashburn v. Mashburn , 555 So.2d 1123 (Ala.Civ.App. 1989); Vaughn v. Vaughn , supra. However, we note that Alabama has carved out two exceptions to that rule — Ex parte Brewington , 445 So.2d 294 (Ala. 1983) (a case dealing with a physically or mentally disabled child), and Ex parte Bayliss (a case dealing with the college education exception).

1991See, Ex parte Bayliss, supra; see, also, Murrah v. Bailes, supra; Mashburn v. Mashburn, 555 So.2d 1123 (Ala.Civ.App.1989); Vaughn v. Vaughn, supra. However, we note that Alabama has carved out two exceptions to that rule— Ex parte Brewington, 445 So.2d 294 (Ala.1983) (a case dealing with a physically or mentally disabled child), and Ex parte Bayliss (a case dealing with the college education exception).

11991–1991
Mashburn v. Mashburn green
alacivapp · 1989
2 sentences

1991See, Ex parte Bayliss , supra; see, also, Murrah v. Bailes , supra; Mashburn v. Mashburn , 555 So.2d 1123 (Ala.Civ.App. 1989); Vaughn v. Vaughn , supra. However, we note that Alabama has carved out two exceptions to that rule — Ex parte Brewington , 445 So.2d 294 (Ala. 1983) (a case dealing with a physically or mentally disabled child), and Ex parte Bayliss (a case dealing with the college education exception).

1991See, Ex parte Bayliss, supra; see, also, Murrah v. Bailes, supra; Mashburn v. Mashburn, 555 So.2d 1123 (Ala.Civ.App.1989); Vaughn v. Vaughn, supra. However, we note that Alabama has carved out two exceptions to that rule— Ex parte Brewington, 445 So.2d 294 (Ala.1983) (a case dealing with a physically or mentally disabled child), and Ex parte Bayliss (a case dealing with the college education exception).

11991–1991

Statutes the citing opinions construe

AL § Ala. Code § 30-3-1 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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