Legal Question in Family Law in Mississippi
child support
my son will complete highschool on May 17,2007 he will be nineteen September 15,2007,my son has not made any plan to continue his education, my ex wife want me to continue to pay child support of two hundred seventy five dollars a month, if my son goes to college I would like for both of us to share in the expense of his education, I give my ex-wife two hundred fifty dollars monthly for alimony, I am currently married again, and receive twenty seven thousand dollars yearly income, my wife is totally disable, and receive one thousand three hundred dollars a month, so I am responsible for majority of the household expense in my marriage, will I have to continue paying my ex-wife child support, when my son finish highschool in May, my ex-wife is writing that child support should continue until he is twenty one,and I am hurting trying to provide for me and my wife.
2 Answers from Attorneys
Re: child support
When you and your wife divorced, the final decree should have contained details that contain the answer to your questions. You need to read the decree and if you still have questions after that, make an appointment with a lawyer to discuss them.
Re: child support
File for determination of emancipation under 93-11-65:
(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
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