Hays v. Alexander
114 So. 3d 704
| Miss. | 2013Background
- Mari Lynn and Lon married in 1986; Rick born in 1987.
- Divorce judgment in 2002 incorporated an agreement for Rick’s custody, medical and educational support, alimony and tuition/tuition-related expenses.
- Rick reached majority (age 21) around the time of 2010–2011 motions; Mari Lynn sought post-majority support and/or conservatorship-directed payments.
- Chancery Court determined no post-majority support authority existed under law and denied requiring Lon to fund a conservatorship or continue alimony for Rick.
- Court ultimately affirmed the chancery court’s ruling that Mississippi law does not authorize post-majority parental support for Rick.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-majority support or conservatorship funding can be ordered | Hays asserts Lon must pay post-majority support or fund conservatorship for Rick. | Alexander contends no authority permits post-majority support or conservator-directed payments. | No post-majority support authority; affirmed. |
| Whether the court had authority to order post-majority support under law | Taylor-like logic suggests possible duty to support adult child with disability. | Court lacked statutory/common-law power to require continued support. | Court properly concluded no authority to compel post-majority support. |
| How emancipation affects duty of support under Mississippi law | Emancipation can be overcome for an adult disabled child. | Emancipation ends duty; no ongoing obligation for Rick. | Emancipation ends duty; no continued support absent statutory authorization. |
Key Cases Cited
- Taylor v. Taylor, 478 So.2d 310 (Miss.1985) (adult-child support not a proper ongoing modification issue)
- Wright v. Coleman, 102 So.774 (Miss.1925) (common-law duty to support adult child not present absent contract)
- Watkins v. Watkins, 337 So.2d 723 (Miss.1976) (emancipation and court jurisdiction limits in child-support cases)
- Rennie v. Rennie, 718 So.2d 1091 (Miss.1998) (emancipation definition and minority concepts in Mississippi)
- Burt v. Burt, 841 So.2d 108 (Miss.2001) (emancipation concepts and disability considerations)
- Taylor v. Taylor (repeated), 478 So.2d 310 (Miss.1985) (discussed emancipation concepts and proper forum)