Child Support in Mississippi
Mississippi is in the minority of states that requires child support paid until the age of 21 or the child is otherwise emancipated. The question is what is emancipation? Mississippi Code, Section 93-11-65 defines emancipation. As of July 1, 2008, it underwent some significant changes.
There are two specific sections. The first says that emancipation shall occur when the child:
• Attains the age of twenty-one (21) years, or• Marries, or
• Joins the military and serves on a full-time basis, or
• Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony.
The use of “shall” in this section means emancipation is required if the child meets one of the four criteria. The only exception is if the underlying child support judgment provides otherwise. This is consistent with previous court decisions that parents could contractually bind themselves to pay child support beyond emancipation; however, the courts could not order it.
The second section provides the Chancery Courts with discretion to determine whether a child is emancipated. Under the new section, it provides “unless otherwise provided for in the underlying child support judgment, the court may determine that emancipation has occurred and no other support obligation exists when the child:
• Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled, or• Voluntarily moves from the home of the custodial parent or guardian, establishes independent living arrangements, obtains full-time employment and discontinues educational endeavors prior to attaining the age of twenty-one (21) years, or
• Cohabits with another person without the approval of the parent obligated to pay support.
The use of “may” in this second section provides Chancery courts with discretion in making the determination of whether a child is emancipated. But the important point is that the court makes the decision. A parent cannot unilaterally cut off child support until the court finds the child is emancipated.
A third section also provides that the “duty of support of a child who is incarcerated but not emancipated shall be suspended for the period of the child's incarceration.”
