Opinion

Amaro v. Amaro

  • 843 So. 2d 787
  • 2002 WL 31040721
Court
Court of Civil Appeals of Alabama
Filed
Sep 13, 2002
Status
Published
Author
Crawley
On the bench
Crawley, Thompson
Cited by
11 cases
Authority
More cited than 15.1%

reversing that part of a trial court's judgment requiring a noncustodial parent to provide health insurance for a child past the age of majority

How later courts described this case

  • reversing that part of a trial court's judgment requiring a noncustodial parent to provide health insurance for a child past the age of majority
  • affirming a judgment in which the trial court ordered the father to pay an amount in excess of the guideline amount because the trial court had imputed additional income to the father

Written by the judges who cited it.

The opinion

This court holds that, because the trial court heard no evidence of the reasonable and necessary expenses that the daughter will incur in attending college, the cause must be remanded "to take evidence of" those expenses. 843 So.2d at 798 . I concur. I write separately only to clarify my position with respect to this court's reversal of that part of the trial court's judgment that orders the father to maintain health insurance for the college-bound daughter.

I presume that this court contemplates that, once the evidence of "reasonable and necessary expenses the daughter will incur in attending college," 843 So.2d at 797 , is heard, the trial court will enter an appropriate postminority-support order. In my opinion, health insurance for the benefit of the daughter is a "reasonable and necessary expense" that can be included in the postminority support order. See Smith v. Smith , [Ms. 2001040, May 31, 2002] 836 So.2d 893 , 897

(Ala.Civ.App. 2002); Payne v. Williams , 678 So.2d 1118 , 1122

(Ala.Civ.App. 1996) (affirming a trial court's judgment relieving a father of the obligation to pay his daughter's health-insurance expenses because the father was currently unemployed, but recognizing that the trial court "could well have decided that the father's duty to pay [health insurance costs as a part of] post-minority support should be based on the father's ability to earn rather than his actual income").

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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