Legal Question in Family Law in Mississippi

Re: Child Support

Your brother needs to hire an attorney and discuss this. There is a fair chance that support will be terminated, but he has to get a lawyer to bring the issue before the court.

Re: Child Support

Your brother has an excellent chance of having his daughter emancipated by the Court. From the Mississippi Code:

� 93-11-65. Custody and support of minor children (in part)

(8) The duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred and no other support obligation exists when the child:

(a) Attains the age of twenty-one (21) years, or

(b) Marries, or

(c) Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled, or

(d) 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

(e) Joins the military and serves on a full-time basis, or

(f) Is convicted of a felony and is incarcerated for committing such felony, or

(g) Cohabits with another person without the approval of the parent obligated to pay support.

(9) A determination of emancipation does not terminate any obligation of the noncustodial parent to satisfy arrearage existing as of the date of emancipation; the total amount of periodic support due prior to the emancipation plus any periodic amounts ordered paid toward the arrearage shall continue to be owed until satisfaction of the arrearage in full, in addition to the right of the person for whom the obligation is owed to execute for collection as may be provided by law.

Mary E. Milek

Attorney At Law