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Mississippi Petition to Modify Divorce Decree by Terminating Child Support - Child Emancipated

State:
Mississippi
Control #:
MS-02410BG
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Description

A finding of emancipation requires that the child place himself or herself beyond the control, custody, and care of the parents. Unless otherwise provided for in an underlying child support judgment, automatic emancipation shall occur if:


" The age of majority (21) is attained, unless the child support order specifies differently;

" The child marries;

" The child joins the military and serves on a full-time basis; or

" The child is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony.


The following does not emancipate automatically and requires a court order for emancipation to eliminate or decrease the amount of child support:


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

" Voluntarily moves from the home of the custodial parent or guardian, and establishes independent living arrangements, obtains full-time employment and discontinues educational endeavors prior to attaining the age of twenty-one (21); or

" Cohabits with another person without the approval of the parent obligated to pay support; cohabits generally means living together as if husband and wife. (See Rennie v. Rennie, 718 So. 2d 1091 (Miss. 1998).


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FAQ

When you lose your job the legal obligation to pay child support does not stop it will not go away. If there are arrears of payment of child support the amount of the arrears is not waived. Becoming a bankrupt does not extinguish the arrears the debt survives the bankruptcy.

Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.

When a child has been emancipated, the parents' obligation to pay child support ends. Emancipation means that the child has transitioned to an adult under the eyes of the law, and the parent is no longer responsible for financially supporting the child.

Child Support Modifications Aren't (Usually) Retroactive For the most part, modifications made to child support orders only go back to the date the request for the change was filed.In most cases, the court will only consider changing the child support order back to the date you filed the motion to modify.

The age of majority in BC is 19 and in Alberta it is 18. When a child continues with schooling and attends post-secondary education (university, college, trade school, etc.), the obligation to support that child often continues, as that child may still be a child for the purposes of child support payment.

No new child support will be charged after the date of termination. If the parent who was paying child support (the obligor) has no unpaid balances (or arrearages) on the date of termination, then the order for that child is over and the case will be closed.

There are many reasons child support can end or may bring about a modification of the child support order. Child support will not decrease as your child gets older either.

You can change a child support agreement or order if circumstances change. Examples of a change in circumstances include an increase or decrease in a parent's income, a change in the parenting arrangements, a change in special expenses, or a child turns 18 (the age of majority in Alberta).

Duration of Liability for Child Support Arrearages Your obligation to pay child support terminates when your child reaches the age of 18.This means that you are obligated to pay child support arrearages even after your child turns 18 if you still have not provided full payment of past due support.

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Mississippi Petition to Modify Divorce Decree by Terminating Child Support - Child Emancipated