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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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In my orginal divorce in 1991 I agreed to pay for our minor ...

Customer Question

In my orginal divorce in 1991 I agreed to pay for our minor children's college but in the state of MS the children are no longer a minor at the age of 21. Am I still responsible for the college.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Although the age of majority in MS maybe 18, in terms of child support MS has raised the age of emancipation to age 21 and any agreements for child support will continue until the age of 21 unless you can prove that the child is no longer financially dependent on the parents. Below is part of the statute which discusses this issue. So yes you would be responsible unless you can show that the child is emancipated as stated in the statute.




(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.








93-11-65. Custody and support of minor children; additional remedies; determination of emancipation; temporary support awarded pending determination of parentage.




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Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 8 years ago.
Reply toCustomers Post: The child support is not the question the question is wheather we are responsible for college after he turns 21.
In the divorce I agreed to pay collgee for minor
so once he turns 21 do I still pay college.
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for the clarification.

In general, support would end at age 21 unless parties agreed to be bound for expenses beyond the age of 21. So yes, you are bound to the terms of the divorce decree as you agreed and the court approved that you would be responsible for college after he turned 21.

In Mississippi you are only responsible until age 21 unless you made other commitments with the courts approval.




Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 8 years ago.
Reply toCustomers Post: even if the divorce states that I pay college for MINOR children. Since I agreed to pay MINOR children does the law still apply after the age of 21. I would agree to tuition and books not housing.
Expert:  Attorney & Mediator replied 8 years ago.
You are bound to the terms of your divorce decree, so in terms of college, it should not go any further than age 21. In MS a child is considered unemancipated until age 21. So based on what your divorce decree is stating it should not go beyond 21.


Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Customer: replied 8 years ago.
I will not accept the first answer. It did not answer my question. I did accept the second the second answer.
Expert:  Attorney & Mediator replied 8 years ago.
I'm sorry your reply is not clear.

You said you accepted the "second answer", I don't see records of acceptance. There is an accept for another post (not answer) related to a different question by a different expert..

Either way, you are not obligated to accept questions that were not helpful. All the best.

No need to reply.