Legal Question in Family Law in Mississippi
How to end child support payments after child graduates
I am court ordered to pay $225.00 a month for child support. The order is vaugh and just says $225.00 per mth until emancipated. My son is 19 about to be 20 and graduated high school May 05/17/06. He is not going to college. Is this considered emancipated? Am I going to have to retain a lawyer to have stop this payment or is it something that I can do own my own? What is the process for this. My son is now spending equal amounts of time with both me and his mother.
1 Answer from Attorneys
Re: How to end child support payments after child graduates
Only the court has the authority to determine if a minor, under the age of 21, is in fact emancipated. You could try to do this yourself; however, I do not recommend it. The fee a family law attorney would charge for this should not be all that significant. Call around and see who will give you the best deal (you don�t need Clarence Darrow for this)and try to get a flat fee if possible.
� 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.