Legal Question in Family Law in Mississippi

Child Support for Disabled child 18 years old

My husband's child support agreement was made years before it was determined that his son was disabled. The Support Order states that he is to pay support until his son reaches the age of 21 or is gainfully employed. His son is 18 almost 19 years old. He is no longer in school and his mother does not have him in any type of job training for the disabled program. He does receive a disablity check for $6XX.00 a month. Does child support have to continue until he is 21 or how does it work if the child is disabled and can not be gainfully employed? Please understand, we are hoping that if no longer responsible for paying child support the mother will let us have the child because where we live he will have more opportunities and there are several training programs for him to learn to become independent where we live. Unfortunately as long as she is receiving both SSI and child support she refuses to let him live with us.


Asked on 12/28/06, 5:25 am

1 Answer from Attorneys
Mary Milek Milek Law Firm

Re: Child Support for Disabled child 18 years old

� 93-11-65 (8) (c) Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled, or

If this child is disabled, your husband will continue to be responsible for child support until his son is 21 years old.

My recommendation would be filing for a modification of child custody. Certainly this young man would benefit from training that would help him achieve independent living. In Mississippi, the �best interest of the child� is the paramount consideration in a change in custody. Speak to a local family law attorney for advice on your specific situation.

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Answered on 12/28/06, 9:44 am


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