Legal Question in Family Law in Mississippi

Re: Emancipation - Child Support for 19 - 20 year old disabled son

1. Child sup. order states pay until child is emanipated..with his current situation, when will I no longer be legally obligated to pay support?

You will no longer be obligated once your child turns 21 (see below) in the current situation.

2. I want my son to live with us so that I can enroll him in this program, with him being disabled, even though he is almost 20, would I have to go through the court system or can I just say pack your things and come on?

At his age clearly he has the right to pack�up and move. However, this would not stop your child support obligations (see below). You need to file for a modification of child support and custody. You could very well start receiving child support payments from the mother.

From the information you have stated, I believe you have a compelling case and you are acting in the best interest of your child and that is the most important thing. Yes, it will cost you attorney fees in the short run, but I believe the benefits, both personal and financial, would be more than worth it in the long run.

Best wishes to you and your family. I commend you for your efforts to help make your son a productive human being.

Only the court has the authority to determine if a child, under the age of 21, is in fact emancipated.

� 93-5-23. Custody of children; alimony. (in part)

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 and obtains full-time employment prior to attaining the age of twenty-one (21) years, or

(d) Voluntarily moves from the home of the custodial parent or guardian and establishes independent living arrangements and obtains full-time employment prior to attaining the age of twenty-one (21) years.