Mississippi Child Support LAw?

[sugar51404]

My son turned 18. His father is trying to stop paying child support because my son has stopped going to school. He files papers with the court. He states according to MS state law, child support has to be paid until 21yrs age unless the child stops going to school full time or moves out on his own. Do I have an options or basically since he isnt in school my child support will end?

 

[Zigner]

My son turned 18. His father is trying to stop paying child support because my son has stopped going to school. He files papers with the court. He states according to MS state law, child support has to be paid until 21yrs age unless the child stops going to school full time or moves out on his own. Do I have an options or basically since he isnt in school my child support will end?

Dad is right, provided that the court orders child support to cease. He can't just unilaterally stop paying.

EDIT:

https://tinyurl.com/y33ujuaa
(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

 

[Just Blue]

My son turned 18. His father is trying to stop paying child support because my son has stopped going to school. He files papers with the court. He states according to MS state law, child support has to be paid until 21yrs age unless the child stops going to school full time or moves out on his own. Do I have an options or basically since he isnt in school my child support will end?

You're son is an adult. Time for him to start supporting himself.

 

[Zigner]

You're son is an adult. Time for him to start supporting himself.

Insofar as child support is concerned, the child is not emancipated until the age of 21 unless specific conditions are met, as I cited above.

 

[Just Blue]

Insofar as child support is concerned, the child is not emancipated until the age of 21 unless specific conditions are met, as I cited above.

I will hazard a guess that Dad will head on over to court to have support ended. I agree he will have to pay till the judge orders a stop to support.

 

[Zigner]

I will hazard a guess that Dad will head on over to court to have support ended. I agree he will have to pay till the judge orders a stop to support.

Yes, and I suspect that's what the OP meant when she said "He files papers with the court."

 

[Just Blue]

Yes, and I suspect that's what the OP meant when she said "He files papers with the court."

 

[sugar51404]

Dad is right, provided that the court orders child support to cease. He can't just unilaterally stop paying.

EDIT:

https://tinyurl.com/y33ujuaa
(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

Thanks!! Yes he has filed already. Now just need to figure out how to respond to his petition. lol

 

[not2cleverRed]

Thanks!! Yes he has filed already. Now just need to figure out how to respond to his petition. lol

How about telling your son that since he wants to play grown up, he gets to pay rent or move out.

 

[Zigner]

Thanks!! Yes he has filed already. Now just need to figure out how to respond to his petition. lol

What would be your defense opposition to the cessation of child support payments? The boy is an adult who is no longer attending school...

 

[sugar51404]

How about telling your son that since he wants to play grown up, he gets to pay rent or move out.

lol u have no idea what u are talking about. he graduated. he is no longer in school. how is he playing grown up? get a life and get off my post. thanks!!

 

[sugar51404]

What would be your defense opposition to the cessation of child support payments? The boy is an adult who is no longer attending school...

i am not opposed i follow the law. i was just curious if it was correct what i was reading. and i have to respond no matter if i agree or do not agree

 

[Zigner]

lol u have no idea what u are talking about. he graduated. he is no longer in school. how is he playing grown up? get a life and get off my post. thanks!!

Now he's graduated? In your original post, you simply said that he stopped going to school. Had you said that he graduated, the response you were given would likely have been different...you can see that, right?

 

[not2cleverRed]

lol u have no idea what u are talking about. he graduated. he is no longer in school. how is he playing grown up? get a life and get off my post. thanks!!

1) You typed, "my son has stopped going to school." You did not type, "My son has graduated from high school." Congratulations.
2) You have not indicated that your son has any plans to go to college or a vocational training program.

Therefore, as Zig pointed out in post #2, conveniently citing in the relevant Mississippi code, your son's father has legal grounds to have child support stopped. What will be the legal basis for your response?

You have not indicated that your adult son has any plans post secondary school. If he has committed to going to college in the fall, then a valid legal response would be that your son signed the acceptance letter and will be enrolled in college.

If he has no plans for post secondary education, then I stand by post #9. Put another way, why should Dad pay child support? Legally, he should not have to.

 

[not2cleverRed]

i am not opposed i follow the law. i was just curious if it was correct what i was reading. and i have to respond no matter if i agree or do not agree

You have a choice:
1) You can agree to the modification your ex has proposed and end child support. Legally, pretty easy to respond to that.
or
2) You can not agree to the modification your ex has proposed. This requires a more extensive response, with legal reasons supporting your argument that child support should be continued.

That is the legal reality. So, if you are not "opposed" to child support ceasing, your path is easy.