Legal Question in Family Law in Mississippi

Re: Proving child is emancipated

Miss. Code 93-11-65 (amended 7/1/06)states:

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 schoolhaving 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.

The list is probably not exhaustive for all basis. Overpayments are generally credited against other financial support obligations of the noncustodial parent. Absent such obligations, there is typically no satisfactory way to collect an overpayment from the child.

Re: Proving child is emancipated

I believe I answered this question in another post today, but for clarification, I will answer the questions individually.

Q. What is required to prove a child that child support is being paid for is emancipated?

A. Only the court has the authority to determine if a child is in fact emancipated. The court may determine a child is emancipated when one or more of the following have occurred:

� 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.

Q. Would a lawyer be needed to get this taken care of?

A. A motion to modify child support will need to be filed in the court of proper jurisdiction. This is not a do-it-yourself matter before the court. You could try to represent yourself; however, this is not advisable. Having a professional handle a matter like this is generally quicker, more efficient, and will most likely save you money.

Q. If a child is proved emancipated and the mother continued to except support without notifying father what rights does the father have about getting the funds back?

A. The child is emancipated only after the court says he/she is and not a minute before. Therefore, child support will accrue until that time. Also, the mother is under no obligation to notify the father the child is emancipated (she is without the legal authority to make this determination anyway). The father has no legal recourse to get the funds back because this child at this time is still a minor. He could threaten to sue, but my guess is this would fall on deaf ears. A non custodial parent that is involved in his/her child�s life will know when emancipation has occurred and can take appropriate steps to terminate child support at that time.