Opinion

Kent v. Kent

  • 587 So. 2d 409
  • 1991 WL 165859
Court
Court of Civil Appeals of Alabama
Filed
Aug 30, 1991
Status
Published
Author
Robertson
On the bench
Robertson, Russell
Cited by
32 cases
Authority
More cited than 15.1%

reversing the judgment and remanding the case for the trial court to set a reasonable time limitation on the obligation to pay postminority educational support, to require that the child maintain at least a "C" average, and to require that the child be enrolled as a full-time student

How later courts described this case

  • reversing the judgment and remanding the case for the trial court to set a reasonable time limitation on the obligation to pay postminority educational support, to require that the child maintain at least a "C" average, and to require that the child be enrolled as a full-time student
  • holding that an award of postminority educational support must include reasonable limitations on the award to prevent undue hardship on the paying parents
  • reversing and remanding for the trial court to limit the support to a reasonable period, require the child to maintain at least a "C" average, and require that the child be enrolled as a full-time student
  • holding trial court should set reasonable time limits for collegiate child support, and require full-time status and "C" average from child

Written by the judges who cited it.

The opinion

I concur in the reversal of this case; however, I would reverse on the basis that the facts here do not meet the standards set out in Bayliss. Also, as Justice Almon wrote in a "concurring in the result" opinion in Ex parte Barnard , 581 So.2d 489 , 489 (Ala. 1991), concerning the problems with the Bayliss decision that

"[o]ther inherent problems include the questions of how good a student a child has to be in order to be entitled to support under Bayliss; whether a child should be awarded support to attend a trade or technical school; whether such support can be awarded for post-graduate or professional studies; and at what age the parent's obligation terminates."

This seems to be one of those cases.

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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