Am I responsible for any further child support payments since my son is 18 and no longer in school?
Full Question:
My son turned 18 today. He lives with his father in the state of Mississippi. My son dropped out of high school to home school but that didn't last so he has obtained a GED and is also gainfully employed by his father in the insurance business. He is also to take his test to obtain an insurance license on May 18th to sell insurance for his father. He plans to attend a junior college in august but hasn't registered. My question is...am I responsible for any further child support payments to my ex-husband?
Sincerely,
Teresa Robertson
05/07/2007 |
Category: Divorce ยป Child Support |
State: Louisiana |
#4035
Answer:
The answer depends on the laws of the state that issued your child support order.
The applicable Mississippi statutes are as follows:
§ 93-5-23. Custody of children; alimony.
When a divorce shall be decreed from the bonds of matrimony, the court
may, in its discretion, having regard to the circumstances of the parties
and the nature of the case, as may seem equitable and just, make all
orders touching the care, custody and maintenance of the children of the
marriage, and also touching the maintenance and alimony of the wife or
the husband, or any allowance to be made to her or him, and shall, if
need be, require bond, sureties or other guarantee for the payment of the
sum so allowed. Orders touching on the custody of the children of the
marriage shall be made in accordance with the provisions of Section
93-5-24. The court may afterwards, on petition, change the decree, and
make from time to time such new decrees as the case may require.
However, where proof shows that both parents have separate incomes or
estates, the court may require that each parent contribute to the support
and maintenance of the children of the marriage in proportion to the
relative financial ability of each. In the event a legally responsible
parent has health insurance available to him or her through an employer or
organization that may extend benefits to the dependents of such parent,
any order of support issued against such parent may require him or her to
exercise the option of additional coverage in favor of such children as
he or she is legally responsible to support.
Whenever the court has ordered a party to make periodic payments for
the maintenance or support of a child, but no bond, sureties or other
guarantee has been required to secure such payments, and whenever such
payments as have become due remain unpaid for a period of at least thirty
(30) days, the court may, upon petition of the person to whom such
payments are owing, or such person's legal representative, enter an order
requiring that bond, sureties or other security be given by the person
obligated to make such payments, the amount and sufficiency of which
shall be approved by the court. The obligor shall, as in other civil
actions, be served with process and shall be entitled to a hearing in
such case.
Whenever in any proceeding in the chancery court concerning the custody
of a child a party alleges that the child whose custody is at issue has
been the victim of sexual or physical abuse by the other party, the court
may, on its own motion, grant a continuance in the custody proceeding
only until such allegation has been investigated by the Department of
Human Services. At the time of ordering such continuance, the court may
direct the party and his attorney making such allegation of child abuse
to report in writing and provide all evidence touching on the allegation
of abuse to the Department of Human Services. The Department of Human
Services shall investigate such allegation and take such action as it
deems appropriate and as provided in such cases under the Youth Court Law
(being Chapter 21 of Title 43, Mississippi Code of 1972) or under the
laws establishing family courts (being Chapter 23 of Title 43,
Mississippi Code of 1972).
If after investigation by the Department of Human Services or final
disposition by the youth court or family court allegations of child abuse
are found to be without foundation, the chancery court shall order the
alleging party to pay all court costs and reasonable attorney's fees
incurred by the defending party in responding to such allegation.
The court may investigate, hear and make a determination in a custody
action when a charge of abuse and/or neglect arises in the course of a
custody action as provided in Section 43-21-151, and in such cases the
court shall appoint a guardian ad litem for the child as provided under
Section 43-21-121, who shall be an attorney. Unless the chancery court's
jurisdiction has been terminated, all disposition orders in such cases
for placement with the Department of Human Services shall be reviewed by
the court or designated authority at least annually to determine if
continued placement with the department is in the best interest of the
child or public.
The duty of support of a child terminates upon the emancipation of the
child. The court may determine that emancipation has occurred pursuant to
Section 93-11-65.
§ 93-11-65. Custody and support of minor children; additional remedies;
determination of emancipation; temporary support awarded pending
determination of parentage.
(1)(a) In addition to the right to proceed under Section 93-5-23,
Mississippi Code of 1972, and in addition to the remedy of habeas corpus
in proper cases, and other existing remedies, the chancery court of the
proper county shall have jurisdiction to entertain suits for the custody,
care, support and maintenance of minor children and to hear and determine
all such matters, and shall, if need be, require bond, sureties or other
guarantee to secure any order for periodic payments for the maintenance
or support of a child. In the event a legally responsible parent has
health insurance available to him or her through an employer or
organization that may extend benefits to the dependents of such parent,
any order of support issued against such parent may require him or her to
exercise the option of additional coverage in favor of such children as
he or she is legally responsible to support. Proceedings may be brought
by or against a resident or nonresident of the State of Mississippi,
whether or not having the actual custody of minor children, for the
purpose of judicially determining the legal custody of a child. All
actions herein authorized may be brought in the county where the child is
actually residing, or in the county of the residence of the party who has
actual custody, or of the residence of the defendant. Process shall be
had upon the parties as provided by law for process in person or by
publication, if they be nonresidents of the state or residents of another
jurisdiction or are not found therein after diligent search and inquiry
or are unknown after diligent search and inquiry; provided that the court
or chancellor in vacation may fix a date in term-time or in vacation to
which process may be returnable and shall have power to proceed in
termtime or vacation. Provided, however, that if the court shall find
that both parties are fit and proper persons to have custody of the
children, and that either party is able to adequately provide for the
care and maintenance of the children, the chancellor may consider the
preference of a child of twelve (12) years of age or older as to the
parent with whom the child would prefer to live in determining what would
be in the best interest and welfare of the child. The chancellor shall
place on the record the reason or reasons for which the award of custody
was made and explain in detail why the wishes of any child were or were
not honored.
(b) An order of child support shall specify the sum to be paid weekly
or otherwise. In addition to providing for support and education, the
order shall also provide for the support of the child prior to the making
of the order for child support, and such other expenses as the court may
deem proper.
(c) The court may require the payment to be made to the custodial
parent, or to some person or corporation to be designated by the court as
trustee, but if the child or custodial parent is receiving public
assistance, the Department of Human Services shall be made the trustee.
(d) The noncustodial parent's liabilities for past education and
necessary support and maintenance and other expenses are limited to a
period of one (1) year next preceding the commencement of an action.
(2) Provided further, that where the proof shows that both parents have
separate incomes or estates, the court may require that each parent
contribute to the support and maintenance of the children in proportion
to the relative financial ability of each.
(3) Whenever the court has ordered a party to make periodic payments
for the maintenance or support of a child, but no bond, sureties or other
guarantee has been required to secure such payments, and whenever such
payments as have become due remain unpaid for a period of at least thirty
(30) days, the court may, upon petition of the person to whom such
payments are owing, or such person's legal representative, enter an order
requiring that bond, sureties or other security be given by the person
obligated to make such payments, the amount and sufficiency of which
shall be approved by the court. The obligor shall, as in other civil
actions, be served with process and shall be entitled to a hearing in
such case.
(4) When a charge of abuse or neglect of a child first arises in the
course of a custody or maintenance action pending in the chancery court
pursuant to this section, the chancery court may proceed with the
investigation, hearing and determination of such abuse or neglect charge
as a part of its hearing and determination of the custody or maintenance
issue as between the parents, as provided in Section 43-21-151,
notwithstanding the other provisions of the Youth Court Law. The
proceedings in chancery court on the abuse or neglect charge shall be
confidential in the same manner as provided in youth court proceedings,
and the chancery court shall appoint a guardian ad litem in such cases,
as provided under Section 43-21-121 for youth court proceedings, who
shall be an attorney. In determining whether any portion of a guardian ad
litem's fee shall be assessed against any party or parties as a cost of
court for reimbursement to the county, the court shall consider each
party's individual ability to pay. Unless the chancery court's
jurisdiction has been terminated, all disposition orders in such cases
for placement with the Department of Human Services shall be reviewed by
the court or designated authority at least annually to determine if
continued placement with the department is in the best interest of the
child or the public.
(5) Each party to a paternity or child support proceeding shall notify
the other within five (5) days after any change of address. In addition,
the noncustodial and custodial parent shall file and update, with the
court and with the state case registry, information on that party's
location and identity, including social security number, residential and
mailing addresses, telephone numbers, photograph, driver's license
number, and name, address and telephone number of the party's employer.
This information shall be required upon entry of an order or within five
(5) days of a change of address.
(6) In any case subsequently enforced by the Department of Human
Services pursuant to Title IV-D of the Social Security Act, the court
shall have continuing jurisdiction.
(7) In any subsequent child support enforcement action between the
parties, upon sufficient showing that diligent effort has been made to
ascertain the location of a party, due process requirements for notice
and service of process shall be deemed to be met with respect to the
party upon delivery of written notice to the most recent residential or
employer address filed with the state case registry.
(8) The duty of support of a child terminates upon the emancipation of
the child. The court may determine that emancipation has occurred and no
other support obligation exists when the child:
(a) Attains the age of twenty-one (21) years, or
(b) Marries, or
(c) Discontinues full-time enrollment in school having attained the
age of eighteen (18) years, unless the child is disabled, or
(d) 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
(e) Joins the military and serves on a full-time basis, or
(f) Is convicted of a felony and is incarcerated for committing such
felony, or
(g) Cohabits with another person without the approval of the parent
obligated to pay support.
(9) A determination of emancipation does not terminate any obligation
of the noncustodial parent to satisfy arrearage existing as of the date
of emancipation; the total amount of periodic support due prior to the
emancipation plus any periodic amounts ordered paid toward the arrearage
shall continue to be owed until satisfaction of the arrearage in full, in
addition to the right of the person for whom the obligation is owed to
execute for collection as may be provided by law.
(10) Upon motion of a party requesting temporary child support pending
a determination of parentage, temporary support shall be ordered if there
is clear and convincing evidence of paternity on the basis of genetic
tests or other evidence, unless the court makes written findings of fact
on the record that the award of temporary support would be unjust or
inappropriate in a particular case.
The applicable Louisiana statutes are as follows:
9:315.22. Termination of child support upon majority or emancipation;
exceptions
A. When there is a child support award in a specific amount per child,
the award for each child shall terminate automatically without any action
by the obligor upon each child's attaining the age of majority, or upon
emancipation relieving the child of the disabilities attached to
minority.
B. When there is a child support award in globo for two or more
children, the award shall terminate automatically and without any action
by the obligor when the youngest child for whose benefit the award was
made attains the age of majority or is emancipated relieving the child of
the disabilities attached to minority.
C. An award of child support continues with respect to any unmarried
child who attains the age of majority, or to a child who is emancipated
relieving the child of the disabilities attached to minority, as long as
the child is a full-time student in good standing in a secondary school
or its equivalent, has not attained the age of nineteen, and is dependent
upon either parent. Either the primary domiciliary parent or the major or
emancipated child is the proper party to enforce an award of child
support pursuant to this Subsection.
D. An award of child support continues with respect to any child who
has a developmental disability, as defined in R.S. 28:381, until he
attains the age of twenty-two, as long as the child is a full-time
student in a secondary school. The primary domiciliary parent or legal
guardian is the proper party to enforce an award of child support
pursuant to this Subsection.
