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IF A CHILD IS DISABLED, BE CAREFUL TO PROVIDE FOR HIS ADULT SUPPORT IN ANY DIVORCE

The Supreme Court has recently made it clear that there is no law in Mississippi which will force a divorced parent to pay for support of a disabled adult child. The Court has found that neither the Legislature nor equity allow this support. Interestingly, the Department of Human Services, in a paternity case, can make the father pay for support after 21 if the child is disabled. But this was a specific law made by the Legislature. The Supreme Court says support for an adult child is up to the “natural feelings of the parents.” One moral of this story is that, if there is any question during divorce negotiations that a child is or may become disabled because of an existing condition, provision should be made, if possible, for post majority support. We know the Court will enforce an obligation past 21 if it was agreed to.