Alabama Statute of Limitations on Child Support
- In Alabama, children reach the age of majority at 19. Child support automatically terminates at this point unless your child support agreement stipulates that you will continue to pay child support while the child is in college. If your child is disabled to the point that he is unable to take care of himself, you may have to pay child support beyond the child's 19th birthday because the custodial parent still has to provide for his needs.
- If the child legally emancipates herself before her 19th birthday, you do not have to pay child support for that child any longer. Legal emancipation differs from the child simply deciding to leave the home (i.e., staying with friends). The child must go through the court system and demonstrate that she is capable of living on her own and supporting herself, as well as show good cause for terminating her parents' rights over her.
- If you owe child support that you have not paid, Alabama authorities may take action to collect that child support, including suing you in court, garnishing your wages or asking the court to enforce legal consequences against you such as suspending your driver's license or sentencing you to jail. The statute of limitations for collecting back child support is 20 years from the date of judgment -- the date Child Support Services goes to court to order that you pay your debt. This means that if you owe support for more than 20 years ago, Child Support Services may not go through the court system to collect the debt.
- If you are paying support for more than one child and your oldest child reaches the age of majority or is legally emancipated, return to court to modify your child support order. Although your support of your oldest child is legally terminated on his 19th birthday, the child support order won't reflect that unless the court modifies it. If you cannot pay your child support due to a change in financial circumstances, request a modification from the court before you go into default so that you will not suffer legal consequences.