Emancipation is the process of having a child, a person under 21 in Mississippi, “declared” an adult, removing their status as a minor.
Emancipation shall occur upon the child;
Attaining the age of 21 (unless agreed to extend, but not shorten)
Marrying
Joining the military and serving 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.
Having a child emancipated ends child support obligations and ends the parents responsibilities for that child. That child is now an adult, as far as the parent’s obligations go.
Emancipation may be sought for a variety of reasons. The parent and child could have a bad relationship, the child may need to enter into a contract or may desire to make a medical decision contrary to the parent’s wishes. Emancipation may be brought on by either parent and/or the child, through a next friend.
Matthew Thompson is a family law attorney in Mississippi and reminds you a minor is a minor in Mississippi until 21, not 18.
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.
Click here for Mississippi Child Support Rates
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.
