LEGAL GUIDE
Written by attorney Mary Elizabeth Milek | May 17, 2011

When is a minor emancipated for the purposes of child support in Mississippi?

In Mississippi, child support is paid until a child reaches the age of 21, unless the minor has otherwise emancipated himself/herself.

§ 93-11-65

(8) (a) The duty of support of a child terminates upon the emancipation of the child. Unless otherwise provided for in the underlying child support judgment, emancipation shall occur when the child:

(i) Attains the age of twenty-one (21) years, or

(ii) Marries, or

(iii) Joins the military and serves on a full-time basis, or

(iv) Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony; or

(b) Unless otherwise provided for in the underlying child support judgment, the court may determine that emancipation has occurred and no other support obligation exists when the child:

(i) Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled, or

(ii) 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

(iii) Cohabits with another person without the approval of the parent obligated to pay support; and

(c) The duty of support of a child who is incarcerated but not emancipated shall be suspended for the period of the child's incarceration.

I should stress that only the court can determine if a minor is emancipated. You must file for modification before your child support obligation can stop.

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