Ex Parte Carolyn Sue Christopher. (in Re Carolyn Sue Christopher v. Charles Phillip Christopher)

Summary

The court held that the governing divorce statute authorizes educational support only for children who are minors, so it overruled the prior decision permitting postmajority college-support awards. It concluded that the prior decision improperly expanded the statute, altered the legislatively fixed age of majority, and could not be preserved through legislative acquiescence by silence. The court reversed and remanded, applying its ruling to future cases and pending cases while preserving final support orders entered before the decision. Justices Shaw and Murdock dissented in favor of affirming the statutory authority for postmajority educational support, while Chief Justice Moore and Justices Stuart and Bolin specially concurred in overruling the prior decision on additional grounds.