Mari Lynn Hays (Alexander) and Lon Frederick Alexander, II, by and through his conservator, Mari Lynn Hays v. Lon Frederick Alexander

Summary

The Mississippi Supreme Court affirmed the chancery court’s denial of requests to require a former spouse to provide post-majority financial support for an adult disabled child, including through increased alimony, continued child support, or payments into a conservatorship. The Court held that neither Mississippi common law nor applicable statutes provided courts with authority to impose such a support obligation under the circumstances presented. The opinion discusses emancipation, parental support duties, and the separation of powers.

Holdings

1. Under the facts presented, neither Mississippi common law nor statutory law gives Mississippi courts authority to require a parent to provide financial support for an adult child after the child reaches majority.
2. A motion for modification or contempt brought by one divorced parent against the other is not a permissible proceeding to obtain post-majority support for an adult child.
3. The child-support obligation did not continue beyond Rick's minority because the judgment required payments for the support and maintenance of the minor child, and Mississippi law terminates the parental duty of support upon emancipation.
4. The chancery court properly declined to increase alimony or require Lon to deposit money into a conservatorship to support Rick.

Questions Presented

1. Whether the chancery court erred by refusing to increase Lon's alimony obligation.
2. Whether the chancery court erred by refusing to increase or continue child-support payments after Rick reached the age of majority.
3. Whether the chancery court could require Lon to make support payments into a conservatorship for Rick after Rick attained majority.
4. Whether a motion for modification or contempt is a permissible procedure for seeking post-majority support for an adult disabled child.

Disposition

affirmed