The age of majority in Mississippi is 21. That means you pay child support and provide benefits for your child until he or she attains the age of 21. It is NOT 18. While your child may think he or she is grown at age 18, the state of Mississippi says otherwise. MCA 93-11-65. The age of majority is also synonymous with emancipation, though a child may be judicially emancipated prior to 21.
So you are paying until 21, but there are exceptions.
Emancipation is a process of having the child “declared” an adult shall occur upon the child;
- Marrying
- Joining the military and serves on a full-time basis
- Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony
Other forms of Emancipation include Court-Ordered Emancipation when your child;
- 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)
- Cohabits with another person without the approval of the parent obligated to pay support; cohabits generally means living together as if husband and wife.
Mississippi has lower rates, meaning amounts of child support, when compared with other states nationally, however, Mississippi makes up for it by extending payments to 21 in most instances.
Pay your child support and pay it on time.
Matthew Thompson is a family law attorney that files Contempt actions against persons that are not paying their Child Support. Don’t be one of those persons! Trust the Bow Tie.
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So am I correct that if, when the child reaches 18. If he/she is not attending school any longer it is possible that you do mot owe the other parent child support for that child?
Possible, but not automatic. You are talking about a determination that the child is emancipated. The Court must make this finding. It is typically based upon the child working full time, no longer living at home, or getting married, or joining the military, etc.
What if the custodial and noncustodial parents no longer live in Mississippi and the minor children are residents of a state where the age of majority is 18? Does this mean the child is emancipated, or does one have to file with the court where the child resides?
The age of majority of the Home State remains and the Support rates of the new state may apply, if all parties have left MS. Consult an attorney of your current state to determine if modification or emancipation are options.