Argument Challenging Post-Minority Support Calculation Could Not Be Raised for First Time on Appeal

Where a husband challenged an award of post-minority support for the first time on appeal, his argument would not be entertained; the support judgment was therefore affirmed. Lollar v. Lollar, No. 2060863 (Ala. Civ. App. Apr. 11, 2008).

The Court of Civil Appeals had a chance to practice its fundamentals in this straightforward divorce case. The circuit court’s divorce judgment ordered the husband to pay post-minority support for his child. The husband appealed this judgment, challenging (among other things) the lower court’s calculation of his post-minority support obligation.

The husband, however, had “failed to present this argument to the trial court during the trial and during the postjudgment proceedings.” The Court of Civil Appeals explained that, because it was being raised for the first time on appeal, the court could not consider this argument. As a result, the court had to affirm this part of the challenged judgment.