Legal Opinion · Dissent

Smith v. Smith

Supreme Court of Alabama

Decided December 4, 2015No. 1140877Published

1DissentMoore, Chief Justice

I disagree with the Court’s decision to quash the writ in this matter.

Harold Smith (“the father”) and Cynthia Smith (“the mother”) were divorced in 2006. Their daughter; born in 1994, turned 19 in January 2013. Eight months earlier, on May 1, 2012, the mother filed a petition in the Montgomery Circuit Court to require the father to pay postminority educational support for the daughter’s college expenses. On September 18, 2012, the trial court held a hearing on the mother’s petition and apportioned the daughter’s college expenses between the parents. The judge then asked: “Who’s going to do…

2Cases cited5 opinions

  1. Ex Parte RileySupreme Court of Alabama · 1985
  2. Ex Parte BaylissSupreme Court of Alabama · 1989
  3. Ex Parte ChambleeSupreme Court of Alabama · 2004
  4. Christopher v. ChristopherSupreme Court of Alabama · 2013
  5. J.K. v. State Department of Human ResourcesCourt of Civil Appeals of Alabama · 2012

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