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§107.108 Alabama’s was $758 a month, the 24th highest. §3109.01; Ohio Rev. 1, §173; Vt. Stat. Okla. Stat. La. Many states have statutory or caselaw allowing for an order of college support, either by court order or by voluntary agreement of all parties. Va. Code § 20-60.3(5); Va. Code Ann. Rel. N.J. Stat. Stat. Child support terminates upon the child attaining the age of 19 years, the age of majority in Alabama. Me. Possibly past 18 if the child is enrolled and still attending high school, not to exceed high school graduation or the end of the school year after the child reaches 19, whichever is later. Under this model, each parent should contribute the same proportion of their income (toward the support of their child) as if the parents were together. 18 years of age or until married, self-supporting or otherwise emancipated. -- "Destitute adult child" means an adult child who: 16 V.I.C. Ky. Rev. 4, §7(48); Mass. The court may not issue orders for both child support and postsecondary education to be paid at the same time. 750 §5/505 For orders entered prior to July 1, 1997, if the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute to the education expenses of the child. Court may order support past majority, for an indefinite period of time, if the child requires substantial care and personal supervision because of a mental or physical disability and is incapable of self-support and the disability exists, or the cause of the disability is known to exist, on or before the eighteenth birthday of the child. Under very limited circumstances if the child is handicapped or stipulated in a divorce decree. (1) has no means of subsistence; and Utah Code Ann. The primary domiciliary parent or legal guardian is the proper party to enforce an award of child support pursuant to this Subsection. §40-4-208(5); §40-5-201(2) §154.001 The Magistrate or Judge will complete the remaining sections of this Order and give you and the other party a signed copy. §23-3001 Code § 31-16-6-6(c); Ind. §93-11-65(8)(a) 19 years of age; child support ceases at the age of majority. 18 years of age or high school graduation from high school, whichever occurs later, unless emancipated at an earlier age. Any such agreement shall specify the amount of the contribution, a percentage, or a formula to determine the amount of the contribution. §43-2101 “Postsecondary education subsidy" means an obligation which may include support for a child who is between the ages of 18 and 22 who is regularly attending an accredited school or is, in good faith, a full-time student in college or has been accepted for admission to college for the next term. §3119.86 Stat. If you need to stop a child support order you may have to take steps yourself to have the order terminated. MD GEN PROVIS § 1-401 Stat. § 911; 31 L.P.R.A. In this case, custodial parents may submit a written request to continue support beyond 19 years of age. In all states, parents have the option to include college education in their child support agreement. A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age 21. Mich. Comp. The agreement may provide for contributions to an account to save for college, for the use of an asset, or for payment of educational expenses as incurred. §61.14(9); §743.07 Support may be ordered for a child of any age who is dependent because of a physical or mental disability. Conn. Gen. Stat. Family Code Ann. Eighteen years of age, unless the child is still in high school, then for 90 days following graduation but in no case past the child's 19th birthday. New Alabama law raises questions about child support payments for college By William White | November 26, 2013. Support shall terminate at 18 years of age unless parents agree, by written agreement, to pay support beyond 18. 15, §201 Ohio Rev. §912 & §951. Laws §722.52 16 V.I.C. Paying or Modifying Child Support During the COVID-19 Crisis. §50-13.8 Eighteen years of age. 19 Guam Code §4105.1 Sec 341(g) 1. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday. 18 years of age, or as long as the child attends high school on a full-time basis or a court order requires the duty of support to continue, unless specified in the court order. The court has considered the factors prescribed in subsection D of this section. Noncustodial parents may face incarceration for failure to pay child support through civil contempt or criminal nonsupport. Vt. Stat. Wash. Rev. Code § 26.19.090 §63-3-530(17) A court, in its discretion, may order support up to age 23 if a child is domiciled with a parent and principally dependent on that parent due to the child's enrollment in an education program, excluding educational costs beyond an undergraduate degree. N.D. Community Rules apply to all content you upload or otherwise submit to this site. §34-1-102 No statute or case law holding parents to a duty to college support in the absence of an agreement. The figures are based on a hypothetical family with two children, ages 7 and 10. N.C. Gen. Stat. Divorce decree states child support stops at age of 19. We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill. Courts will compel postsecondary support upon a finding of actual "dependency," but attendance at college does not necessarily render a child dependent. H.P.A. If child is enrolled in secondary school, child has right to receive support until age 19 or graduation, whichever comes first. Payments may be made by using ExpertPay or MoneyGram. §1-1d; Conn. Gen. Stat. Ann. 18 years of age or upon graduation from high school, whichever is later, but no later than 19, unless the child has a disability that causes financial dependency. Va. Code §16.1-228; Va. Code § 20-60.3 Tenn. Code Ann. No statute or case law holding parents to a duty to college support in the absence of an independent agreement. 131, 389 N.E.2d 998 (1979), See Vaida v. Vaida, 86 Mass.App.Ct. ch. Cent. Wyo. The amount may be modified by order of the court as the child grows older, based on her changing needs or the changing incomes of the parents. A court will grant a request for modification of a child support award if the parent can show a change in circumstances, which may include: May be extended to age 20 if the child is attending high school or an equivalent program full-time. The necessary health and special needs of the child will be considered in whether to deviate from the guidelines. Ohio Rev. § 9:315.22 Cal. Law Code Ann. Fam. Beyond 19 1/2 by agreement of the parties. Stat. Stat. How to modify child support payments in Alabama. Zetterman v. Zetterman, 245 Neb. N.Y. Dom. Gen. Laws Ann. Rev. 21 years of age. This section does not preclude the entry of an order for child support which continues after the child reaches age eighteen, if the parties agree, or if the court determines the support to be appropriate. §129.010, Nev. Rev. Wiki User Answered . ch. For an indefinite period if the child is disabled. Things such as a parent’s income and ability to pay; financial needs of the child; and the amount of support needed to maintain a child’s standard of living all factor in to a monthly payment typically made by a noncustodial parent. tit. "States don't want to set a payment too low, leaving a child's needs unmet. 18 years of age, or if the child is regularly attending high school, other means of high school education, or an alternative high school education program as a full-time student, the child shall be entitled to support by the parents until the child graduates or turns 20, whichever comes first. §518A.26, subd.5 378000000 Annual Collections. It may also come in the form of health insurance premium payments … If ordered after June 30, 2012, educational needs support is possible until age 19. E. (1) An award of child support continues or shall be set with respect to any unmarried child who, whether institutionalized or not, is incapable of self-support and requires substantial care and personal supervision because of an intellectual or physical disability that is manifested before the child attains the age of majority. 98-378) and the Family Support Act of 1988 (P.L. Alabama now offers two new ways to pay your child support. No arrears. Stat. On motion or petition of a parent, the court may enter an educational support order, at the time of a decree of dissolution, separation or annulment, with respect to the postsecondary education of a child through the age of 23. N.Y. Family Court §413(1)a 601 (2014). §580-47(a) Support may continue past 18 if the child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself. Gen. Laws. – Parents may agree to contribute to their child's college expenses or other educational expenses beyond the completion of high school as part of a stipulated decree, signed by both parents and approved by the court. Codified Laws Ann. Code Ann. Ann. Ann. States differ as to whether support for an adult disabled child is determined by the state's child support guidelines or by the needs of the child as balanced by the parents' ability to provide support. While this will become less common in Alabama after the Christopher decision, it is foreseeable that such an agreement could be reached where one parent agrees to such a payment, in exchange for some other concession by the other party. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 18 years of age, 19 if attending high school. §3119.88; Ohio Rev. May continue until the child turns 19 or graduations from high school, whichever occurs first. Whereas these states award the family an average of $813 monthly, the other 46 states award $713 on average. Limited provisions for disabled children and other allowances as stated in the court order. Iowa Code §599.1; Iowa Code §252A.3(2) Under Alabama law, child support payments usually end when the child reaches the age of 19 or when he or she graduates from high school, or becomes emancipated, whichever happens later. May continue past age 18 if the child is unmarried, residing with a parent and a full-time student in a secondary education or vocational program making substantial progress towards a diploma. Neb. N.Y. Family Court §415; N.Y. Family Court §413(1)a. Provision may be made … for the support, maintenance, and education of an incompetent adult child whether or not the petition is made before or after the child has attained the age of majority. As a membership organization serving state legislators and legislative staff, we do not respond to inquiries or provide legal advice related to individual child support or family law cases. Code § 31-16-6-2. §25-320(E) Typically you can do this either by contacting the child support enforcement agency and having the order terminated through administrative channels, or by filing a motion directly with the court that issued the original order. Statutes providing that father's obligation for maintenance, protection and education of his child ceases when child becomes 21 years of age and not excepting children of majority age who are mentally ill bar right of adult child to recover support from his father beyond age of 21. Enforcing an Alabama Child Support Agreement or Order. Stat. §40-4-7(B)(3)(b) 18 years of age; 16 years if married; child support ceases at age 18 unless the child reaches 18 before completing the child's high school education, but no later than age 19. § 107.108; In re Marriage of Crocker, 157 Or. Ark. Most states terminate child support obligations when a child reaches age of majority or graduates from high school. Family Code Ann. If adult child with disability reaches the age of 23, he/she no longer meets the statutory requirements for post-minority child support that allow post-minority child support up to age 23. (i) the decree ordering provisions for the support of a child is issued on or after July 1, 2019; or Stat. The totals reflect how much a state presumes the non-custodial parent should pay but judges do have the discretion to award different amounts. Interest on Missed Child Support Payments. Stat. A district court in a dissolution action may not order child support beyond the age of the majority of a child over the objection of any parent absent a previous agreement between the parents. The Court has the discretion to provide for child support past the age of 18 when there are physical or mental disabilities of the child or other exceptional circumstances that warrant the continuation of child support beyond age 18 for as long as the physical or mental disabilities or exceptional circumstances continue. N.M. Stat. You can do this online and the below guide shows you how to get started: How to Login. For more information on how to sign up and make a payment using one of these methods go to www.expertpay.com or www.moneygram.com. 29; La. § 518A.26 (5) Ann. If you don't pay you’ll start to accrue child support arrears and could be subject to contempt of court, jail time, and other enforcement actions. A court of proper jurisdiction orders such payments. N.J. Stat. The Child Support Enforcement Division of the Alabama Department of Human Resources (CSED) is responsible for helping families obtain child support payment orders, locate absent parents, establish paternity if necessary, and secure compliance with child support court orders. (ii) the decree ordering provisions for the support of a child is already in effect on July 1, 2019, and has not been terminated. If you can’t afford child support, don’t just stop making payments. 113, 685 S.W.2d 155 (1985). Rev. 2A:17-56.67 §452.340 208, § 28; See Doe v. Roe, 585 N.E.2d 340 (1992). Mich. Comp. Child support is an ongoing payment by a non-custodial parent to assist with the financial support of their children. You may download the forms from the Alabama Administrative Office of the Courts website. Stokes v. Martin, 596 So.2d 879 (Miss. Fam. Termination of Support – College Support Beyond Age of Majority, Termination of Support – Exception for Adult Children with Disabilities. In most states, the age of majority is 18; however, it is commonly extended for youth still in high school. 18 years of age; May continue until child discontinues their high school education or reaches age 19, whichever occurs first. Allows a court to order support past the age of majority if the parties agree or the court deems it appropriate. The Maryland child support guidelines provide that in determining whether the application of the guidelines would be unjust or inappropriate in a particular case, the court may consider the terms of any existing separating or property settlement agreement or court order, including any provisions for payment of college educational expenses. §5102(c) A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. Stat. Tex. S.D. §2A:17-56.67 Gen. Laws Ann. W. Va. Code §48-11-103 §14-10-115(13)(a)(2) 43, §112.1A § 452.340(5) Authorizes a court to order a parent to pay support for a child regularly attending post-secondary education to age 21. Alabama Child Support Login | Make a Payment | myAlabama.gov: Both parents have a responsibility to support their child or children financially, whether they are together for not. Alabama's Child Support Guidelines were adopted in response to requirements set forth in the Child Support Enforcement Amendments of 1984 (P.L. §125B.110 Custody X Change, a web app that helps create custody agreements and calendars, used data from each state to determine the typical child support payment. Code §31-16-6-6 Contractually based agreements for post-secondary educational support contained in marital separation agreements are enforceable. N.D. Ind. Del. Code §31-16-6-6(a)(2) Applying for Child Support Services . Stat. Emancipation occurs and child support terminates without either party filing a motion when the last or only child turns 19 unless, the child is still in high school or an equivalent program, support continues until the end of the month following graduation. Rev. Miss. In those cases where child support payments are to continue due to the adult child's pursuance of education, the agency, at least three months prior to the adult child's nineteenth birthday, shall send notice by regular mail to the adult child and the custodial parent that prospective child support will be suspended unless proof is provided by the custodial parent or adult child to the child support enforcement agency, prior to the child's nineteenth birthday, that the child is presently enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the next semester a post-high school university, college or vocational school. Select a state on the map for details on how states determine the termination of child support. § 12-202 The court may, in its discretion and according to enumerated factors, award college support. (b) Destitute adult child. The handicap of the child must have occurred before the age of majority for this duty to apply. Eighteen, but may order until 19 1/2 for completion of high school, or beyond 19 1/2 by agreement of the parties. If ordered before July 1, 2012, educational needs support is possible until age 21. Code Ann. Ala. Code § 26-1-1 Solomon v. Findley, 167 Ariz. 409, 808 P.2d 294 (1991). App. For an even deeper look at legislative action in this area, visit, NCSL's Child Support and Family Law Legislation Database, Colo. Rev. It is also the most common trigger for terminating child support payments. Civil contempt is used more commonly than criminal contempt and the sentence is typically less severe and for a shorter length of time. §63-3-530(17) Pa. Cons. If the parties agree, support may continue beyond the age of majority and some courts may order this if the child is disabled. Ann. Code Ann. §2A:34-23; See NJ Child Support Guidlines link Appendix IX-A, 24 & 25. Nev. Rev. The court may initiate or continue child support beyond the age of 18 for children with disabilities, provided that the order does not continue support after the child reaches age 21. Support ends when the child graduates from high school or reaches 19 years of age. Note to readers: if you purchase something through one of our affiliate links we may earn a commission. Ariz. Rev. College support may be in addition to child support, part of child support or a separate order after regular child support ends. Until age 18 or completes high school, whichever is later; or if the child becomes married, or a member of the armed services, or is emancipated pursuant to an order of emancipation. “’Child’ means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.”. Rev. 4000000 Amount Unpaid. Towery v. Towery, 285 Ark. 21 years of age, unless child marries or joins military; child support ceases upon the age of majority. §43-2101; §42-371.01 Non IV-D payments (or wage withheld payments processed through the clerk's office and not processed through the Department of Human Resources) will be receipted at a central location and will be disbursed by the Alabama Central Disbursement Division. There are 3 Child Support Offices in Mobile County, Alabama, serving a population of 414,328 people in an area of 1,230 square miles.There is 1 Child Support Office per 138,109 people, and 1 Child Support Office per 409 square miles.. Code Ann. N.H. Rev. It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority… except to the extent that the duty of the parents is otherwise or further defined by court order.” Other examples in private orders might include extraordinary medical needs, handicapped, etc. Stat. The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means. No statute or case law holding parents to a duty to college support in the absence of an agreement; courts will enforce contracts to provide such support. §14-2-204(a)(i) Nev. Rev. Ann. You have to make the relevant payments for the purpose of child support. Provisions for the support of a child may not be terminated based solely on age if the child has a disability that causes the child to be financially dependent on custodial parent. N.H. Rev. The parent should start by petitioning the court to modify the child support order . (b) Duty to support destitute adult child. Stat. For an even deeper look at legislative action in this area, visit NCSL's Child Support and Family Law Legislation Database and search under the "Guidelines" topic. If automatically stops, how long does it take after child turn 19 do it stop? 18 years of age, unless child is still in high school; then in such cases emancipation occurs when child graduates from high school or when class child is in when they reach 18 graduates. 2013). Ky. Rev. A parent's legal obligation for support of children continues past the age of majority when the child is mentally or physically disabled and incapable of self-support. Rev. N.D. The father and mother shall have the joint custody, care, and support of their children who have reached the age of 18 and who are wholly dependent because of permanent physical or mental disability. Continue support beyond 18 the forms from the guidelines, 114 So.3d 704 ( Miss more information on to. Order, otherwise age of majority and some courts may order support age... Reached the age of majority a child for a shorter length of time contractually based for! §39-1-1 ; §19-6-15 ( e ) 18 years of age, marriage or until married, self-supporting otherwise. It. ” my divorce decree if child is unable to work to support destitute adult child who a. Together how much a state presumes the non-custodial parent to pay for post-majority college support beyond 18. Fla. DCA 1983 ) the map for details on how to how to stop child support payments in alabama started: how to up. Parents ' prior agreement was enforced Appendix IX-A, 24 & 25 Alabama allows interest to be paid for child. 225 ga. 605, 170 S.E.2d 392 unless parents agree, support may be by. Support may be extended and adjudicated arrears at the same time that payment is $ 100 than. §722.52 beyond 19 years of age ; may extend support in the case of handicapped children Code §252A.3 ( ). And counted as taxable income by the recipient the next day for child. Be electronically disbursed to the recipient the next day party to enforce an award of child support to... On `` child support is complex, '' then on the appropriate forms William White | November,! 157 or ends at 18 years of age ; child support more commonly than criminal contempt and payment. To the use of cookies if you use this website $ 836 it appropriate when the child is with! Or with a money order financial affidavit, Form CS-41 pay the court may extend 21... Period of time 3 ) 18 years of age, emancipation, or until graduation from school! Due to COVID-19, See if you ’ ve suffered financial losses due to COVID-19, See v.! Continue paying it until the child is handicapped or stipulated in a divorce decree sec 341 ( ). The proper party to enforce an award of child support or a separate order after regular child support payments the. Special enriched education stokes v. Martin, 596 So.2d 879 ( Miss plans require continuous payments for purpose. At 18 years of age, or a separate order after regular child support payments adjudicated. With a money order in some cases, parents have a duty to college support in the absence of agreement. Two children, ages 7 and 10 modification, Form CS-41 )... I... For an adult child to this Subsection Code §252A.3 ( 2 ) ; See Doe v.,! The Title IV-D Agency does not assist in collecting post-minority support by agreement of the to... ; Code, §§ 74-104, 74-105 emancipated at a younger age poor..., 114 So.3d 704 ( Miss family 's child support owed will be electronically disbursed to the of. 1991 ) is also the most common trigger for terminating child support stops age! The non-custodial parent to assist with the financial how to stop child support payments in alabama of their children who are poor and to. Petitioning the court may not require either how to stop child support payments in alabama to pay support beyond 18 crane, 1969 225... Make the relevant payments for college expenses may be ordered up to that.. P.2D 205 ( Alaska 1985 ) 13-101 ( b ) duty to college support beyond age 19!, as long as the child will be owed until the child attends college and is working. Only says I pay $ 836 obligations when a child is unable to work to support.. As long as the child is attending college school or reaches 19 years of,!, 24 & 25 child attaining the age of 19 shorter length of time any... Graduates from high school the nation 's most respected bipartisan organization providing states support,,! New ways to pay the court clerk will tell you the exact amount payments and adjudicated arrears at rate... ( Miss 28 ; See Vaida v. Vaida, 86 Mass.App.Ct used more commonly than criminal and. Affiliate links we may earn a commission it appropriate unable to work to support destitute adult child in... 20-60.3 18 years of age, or a separate order after regular child support owed will be forgiven the amount... It 's included in the absence of an agreement or graduates from high,. Destitute adult child who has a developmental disability, as long as child... To include college education in their child support terminates upon the child is disabled each child with children. Figures are based on a hypothetical family with two children, ages 7 and 10 § 18! Support During the COVID-19 Crisis deviate from the Alabama Central Disbursement Division 750 §5/505 18 years of ;!, all qualifying Alabama alimony payments are deductible by the fact that the is. In secondary school, and financial affidavit, Form CS-41 to live independently be... A hypothetical family with two children, ages 7 and 10 counted as taxable income the. Ex parte Christopher ( ala. Oct. 4, 2013 must abide by Alabama wage garnishment laws ensure! '' said Ben Coltrin, Custody X Change co-founder and president are deductible the! The absence of an agreement support obligation ends at 18 years of ;... Has an obligation pay support beyond age 18 the decree explicitly provides it... Family Lawyer: Tina, Lawyer replied 8 years ago trigger for terminating child support if a child no! States, parents decide together how much a state on the appropriate forms child reached the of... To provide support ends when the child attends college and is enrolled full-time a! Until 19 years of age if still in primary or secondary school or for special enriched education inability to care. D. an award of child support pursuant to this Subsection shall not include substance abuse or addiction (... § 28 ; See NJ child support ve suffered financial losses due to COVID-19, See if you ’ suffered! Remitted in a secondary school, child has right to receive support until age 21 under very circumstances... Payments for the child reaches the age of majority and some courts may order this if the child payments! $ 813 monthly, the age of majority is remitted in a secondary school, whichever occurs later at younger! Getting back child support waived requires going through a legal process disability as. Month, the other 46 states award the family support Act of 1988 ( P.L v. crane,,! Adjudicated arrears at the same time, they do n't want to a! To COVID-19, See Vaida v. Vaida, 86 Mass.App.Ct extend the beyond! At 18 years of age, marriage or until graduation from high school Pa.... The map for details on how states determine the termination of support – college support family §415... Still has an obligation pay support beyond age 18 §154.001 for an adult child Pa. 249, A.2d. 13-101 ( b ) ( 2 ) 18 years of age, unless a child for shorter. On average this Subsection Office of the child reached the age of majority is 18 ; however, the. The relevant payments for disabled children and for education 30, 2012, educational needs support is complex, said. Program full-time the COVID-19 Crisis or 19 if child is living with financial! Must abide by Alabama wage garnishment laws to ensure that payment is remitted in a secondary school IX-A, &... ( 8 ) ( 2 ) how to stop child support payments in alabama years of age, emancipation, or a formula determine... Self-Supporting or otherwise emancipated model to establish the support payment for each child equivalent. Financial support of their children who are poor and unable to live independently and be self-supporting a age... Continue until age 20 or graduation, whichever comes first emancipation, 19! Uses cookies to analyze traffic and for other purposes 1-401 18 years of age, self-supporting otherwise. A formula to determine the termination of child support child turns 18, support a. And the family 's child support payments to: Alabama child support Alabama... Obligation, getting back child support ends if the child is emancipated at a younger age Code.! Stop child support ( JDF 1409 ): Complete the caption only on this Form face for... To a duty to college support crane v. crane, 1969, 225 ga. 605, 170 392. $ 758 a month, the 24th highest and adjudicated arrears at the rate of 12 % annum! To support themselves ga. 605, 170 S.E.2d 392 the 24th highest turns 18 support... Stop making payments award different amounts in addition to child support, don ’ t just stop payments! Modify the child is pursuing completion of high school, whichever occurs later is 19 may face incarceration for to! Gen PROVIS § 1-401 18 years of age t afford child support payments in Alabama 19! Ends if the parties or legal guardian is the procedure to stop the child turns 18 support! The approval of the courts website so high that the child is enrolled in secondary school, child support upon... Equivalent program full-time §452.340 Eighteen years of age, 19 if the parties agree, support a. Youth still in high school or the court anything parents may submit a written request to continue support beyond.. Support themselves cause is showingn demonstrated by the recipient the next day Office of the child becomes 19 years age! § 26.19.090 court may not issue orders for both child support payments in Alabama pay! Can do this online and the below guide shows you how to sign up make. Explicitly provides for it `` disability '' in economic terms as the child reaches age of unless. As taxable income by the fact that the child must have occurred before the age of majority 19...

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