Ravenstein v. Ravenstein, 2014 Miss. LEXIS 326

This is an appeal from a 2012 Madison County Chancery Court judgment appointing Elisha Ravenstein Hawkins as conservator for Ryan and denying John Ravenstein’s relief from judgment and request to modify child support.
Ryan, an adult with severe medical disabilities, was initially awarded custody to Elisha in the 1998 divorce, with John ordered to pay lifetime support.
Ryan turned 21 on March 17, 2011, after which John stopped paying and began depositing payments into court, and John filed a Rule 60(b) relief motion.
Elisha petitioned to be conservator for Ryan; John petitioned for conservator or coconservatorship; the court consolidated proceedings.
Chancellor Brewer granted Elisha conservator over Ryan’s person and estate, denied John’s conservator petition, and denied relief from judgment; the court held no material change warranted modification of support.
The Supreme Court reverses the conservatorship appointment, remands for a proper conservatorship proceeding, and affirms denial of relief and modification on the other issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Conservatorship standard applied	John argued improper standard used	Brewer used custody-modification standard	Reversed; custody-modification standard wrongly applied to conservatorship
Authority to extend lifetime child support	John believed support terminated at 21	Court may order lifetime support for disabled adult	Affirmed on the merits except timing; proper basis discussed but relief denied
Bonding/accounting for conservatorship funds	Elisha should post bond and account	Child-support funds not part of estate; asset approach unclear	Remains partially valid; requires future accounting for possible separate estate
Notice and standing in post-majority support issue	Elisha lacked standing to seek post-majority support	Court did not err in proceedings; notice satisfied	No merit; challenged aspect found improper but not fatal to outcome
Equal protection challenge to post-majority support	Statutory scheme discriminates against married parents’ legitimate children	Waived; not necessary to decide constitutionality in this case	Waived; no decision on constitutional issue

Nichols v. Tedder, 547 So.2d 766 (Miss. 1989) (emancipation age at 21 for purposes of child care and maintenance orders)
Setser v. Piazza, 644 So.2d 1211 (Miss. 1994) (after-arising change in circumstances for modification)
McEwen v. McEwen, 631 So.2d 821 (Miss. 1994) (modification requires unanticipated change in circumstances)
Burt v. Burt, 841 So.2d 108 (Miss. 2001) (emancipation determination; permissive, not mandatory)
Hays v. Alexander, 114 So.3d 704 (Miss. 2013) (emancipation and duty to support; special concurrence cited)