In cases where a child's parents are divorced (or were never married) the court can establish “post-minority support” in addition to an award of regular child support. Post-minority support is the legal term used to describe a parent's obligation to contribute to their child's post-secondary education expenses after the child turns 19 and is no longer eligible to receive child support. Many clients are confused over the idea that they may have to keep paying what seems to be child support after their child turns 19. Post-minority support, however, is not an extension of existing child support and is not calculated or awarded in the same way.

Prior to 1989, Alabama courts consistently denied requests that a parent be compelled to contribute to an adult child's post-secondary education. In a 1989 case called Ex Parte Bayliss, however, the state Supreme Court ruled that in certain situations a non-custodial parent could be ordered to pay a portion of his or her child's post-secondary education expenses. The Supreme Court noted that post-minority support was not the same as child support, was not mandatory in every case, and could only be awarded in certain situations. In fact, the Supreme Court set out guidelines for future courts to follow in deciding whether to awarding post-minority support.

The factors a court must consider in deciding whether to award post-minority support include: 1) The financial resources of the parents and the child; 2) The child's commitment to, and ability to complete, the requested education; 3) The standard of living the child would have enjoyed had there been no divorce, or if the parents were married; 4) The child's relationship with the parents; and 5) The child's responsiveness to parental advice and guidance. Additionally, a request for post-minority support must be made before the child turns 19.

Because post-minority support is not child support, courts do not use the normal child support guidelines in determining the amount of post-secondary educational support. Instead, courts evaluate the reasonable “necessaries” for the child to attend college after reaching 19. Over the last 20 years, there have been many arguments over what constitutes a “necessary” post-minority education expense. The Bayliss case made it clear that the obligations only extended to “room, board, books, tuition and fees.” Cases since then, however, have expanded these categories. For example, if the child still lives at home, expenses related to a child's commute to and from school are sometimes considered. Ultimately, the requirement is that the expense must be “directly related to the child's college education.”

Courts have put several limitations on these awards, as well. For example, most cases will require that the child maintain a certain grade point average, or be enrolled as a “full-time student.” Additionally, any money the child receives from scholarships, grants, loans, a part-time job, etc. are also considered. Post-minority support also usually has a definite time limit—in most cases until the child turns 23.