Post Minority Support, Ex parte Bayliss

Decided in 1989, Ex Parte Bayliss, a domestic relations case which was heard by the Alabama Supreme Court, has recently been under fire. The Court’s decision, which allowed for post-minority educational expenses to be ordered by a court and paid by the contributing parent, post-divorce support has recently been attacked as an undue hardship. However, the chief complaint with the Bayliss decision is that it stands as an exemplar violation of separation of powers. The scoffers of Bayliss insist that the legislature, not the Supreme Court can make such demands from parents. On the contrary, Bayliss supporters would likely point out that the Court’s decision merely involved application of Ala Code §30-3-1, a statute birthed by the legislature, making Bayliss by its nature constitutional.