Child support; authorize continuation past the age of majority for certain disabled children.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd, Simmons (13th)

SENATE BILL NO. 2754

AN ACT TO AMEND SECTION 93-11-65, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE THE DUTY OF SUPPORT FOR A CHILD WHO IS INCAPABLE OF 2
SELF SUPPORT BY REASON OF A PHYSICAL OR MENTAL DISABILITY, IF THE 3
DISABILITY EXISTED DURING THE ADULT CHILD'S MINORITY, TO CONTINUE 4
PAST THE CHILD'S ANTICIPATED AGE OF MAJORITY IF A HEARING IS HELD 5
BY THE COURT AND THE ADULT CHILD IS PLACED IN A CONSERVATORSHIP OR 6
A LESS RESTRICTIVE ALTERNATIVE AUTHORIZED CHAPTER 20, TITLE 93; TO 7
STATE LEGISLATIVE INTENT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 93-11-65, Mississippi Code of 1972, is 10
amended as follows: 11
93-11-65. (1) (a) In addition to the right to proceed 12
under Section 93-5-23, Mississippi Code of 1972, and in addition 13
to the remedy of habeas corpus in proper cases, and other existing 14
remedies, the chancery court of the proper county shall have 15
jurisdiction to entertain suits for the custody, care, support and 16
maintenance of minor children and to hear and determine all such 17
matters, and shall, if need be, require bond, sureties or other 18
guarantee to secure any order for periodic payments for the 19
maintenance or support of a child. In the event a legally 20
responsible parent has health insurance available to him or her 21
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through an employer or organization that may extend benefits to 22
the dependents of such parent, any order of support issued against 23
such parent may require him or her to exercise the option of 24
additional coverage in favor of such children as he or she is 25
legally responsible to support. Proceedings may be brought by or 26
against a resident or nonresident of the State of Mississippi, 27
whether or not having the actual custody of minor children, for 28
the purpose of judicially determining the legal custody of a 29
child. All actions herein authorized may be brought in the county 30
where the child is actually residing, or in the county of the 31
residence of the party who has actual custody, or of the residence 32
of the defendant. Process shall be had upon the parties as 33
provided by law for process in person or by publication, if they 34
be nonresidents of the state or residents of another jurisdiction 35
or are not found therein after diligent search and inquiry or are 36
unknown after diligent search and inquiry; provided that the court 37
or chancellor in vacation may fix a date in termtime or in 38
vacation to which process may be returnable and shall have power 39
to proceed in termtime or vacation. Provided, however, that if 40
the court shall find that both parties are fit and proper persons 41
to have custody of the children, and that either party is able to 42
adequately provide for the care and maintenance of the children, 43
the chancellor may consider the preference of a child of twelve 44
(12) years of age or older as to the parent with whom the child 45
would prefer to live in determining what would be in the best 46
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interest and welfare of the child. The chancellor shall place on 47
the record the reason or reasons for which the award of custody 48
was made and explain in detail why the wishes of any child were or 49
were not honored. 50
(b) An order of child support shall specify the sum to 51
be paid weekly or otherwise. In addition to providing for support 52
and education, the order shall also provide for the support of the 53
child prior to the making of the order for child support, and such 54
other expenses as the court may deem proper. 55
(c) The court may require the payment to be made to the 56
custodial parent, or to some person or corporation to be 57
designated by the court as trustee, but if the child or custodial 58
parent is receiving public assistance, the Department of Human 59
Services shall be made the trustee. 60
(d) The noncustodial parent's liabilities for past 61
education and necessary support and maintenance and other expenses 62
are limited to a period of one (1) year next preceding the 63
commencement of an action. 64
(2) Provided further, that where the proof shows that both 65
parents have separate incomes or estates, the court may require 66
that each parent contribute to the support and maintenance of the 67
children in proportion to the relative financial ability of each. 68
(3) Whenever the court has ordered a party to make periodic 69
payments for the maintenance or support of a child, but no bond, 70
sureties or other guarantee has been required to secure such 71
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payments, and whenever such payments as have become due remain 72
unpaid for a period of at least thirty (30) days, the court may, 73
upon petition of the person to whom such payments are owing, or 74
such person's legal representative, enter an order requiring that 75
bond, sureties or other security be given by the person obligated 76
to make such payments, the amount and sufficiency of which shall 77
be approved by the court. The obligor shall, as in other civil 78
actions, be served with process and shall be entitled to a hearing 79
in such case. 80
(4) When a charge of abuse or neglect of a child first 81
arises in the course of a custody or maintenance action pending in 82
the chancery court pursuant to this section, the chancery court 83
may proceed with the investigation, hearing and determination of 84
such abuse or neglect charge as a part of its hearing and 85
determination of the custody or maintenance issue as between the 86
parents, as provided in Section 43-21-151, notwithstanding the 87
other provisions of the Youth Court Law. The proceedings in 88
chancery court on the abuse or neglect charge shall be 89
confidential in the same manner as provided in youth court 90
proceedings, and the chancery court shall appoint a guardian ad 91
litem in such cases, as provided under Section 43-21-121 for youth 92
court proceedings, who shall be an attorney. In determining 93
whether any portion of a guardian ad litem's fee shall be assessed 94
against any party or parties as a cost of court for reimbursement 95
to the county, the court shall consider each party's individual 96
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ability to pay. Unless the chancery court's jurisdiction has been 97
terminated, all disposition orders in such cases for placement 98
with the Department of Human Services shall be reviewed by the 99
court or designated authority at least annually to determine if 100
continued placement with the department is in the best interest of 101
the child or the public. 102
(5) Each party to a paternity or child support proceeding 103
shall notify the other within five (5) days after any change of 104
address. In addition, the noncustodial and custodial parent shall 105
file and update, with the court and with the state case registry, 106
information on that party's location and identity, including 107
social security number, residential and mailing addresses, 108
telephone numbers, photograph, driver's license number, and name, 109
address and telephone number of the party's employer. This 110
information shall be required upon entry of an order or within 111
five (5) days of a change of address. 112
(6) In any case subsequently enforced by the Department of 113
Human Services pursuant to Title IV-D of the Social Security Act, 114
the court shall have continuing jurisdiction. 115
(7) In any subsequent child support enforcement action 116
between the parties, upon sufficient showing that diligent effort 117
has been made to ascertain the location of a party, due process 118
requirements for notice and service of process shall be deemed to 119
be met with respect to the party upon delivery of written notice 120
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to the most recent residential or employer address filed with the 121
state case registry. 122
(8) (a) The duty of support of a child terminates upon the 123
emancipation of the child. Unless otherwise provided for in the 124
underlying child support judgment, emancipation shall occur when 125
the child: 126
(i) Attains the age of twenty-one (21) years, or 127
(ii) Marries, or 128
(iii) Joins the military and serves on a full-time 129
basis, or 130
(iv) Is convicted of a felony and is sentenced to 131
incarceration of two (2) or more years for committing such 132
felony; * * * 133
(b) Unless otherwise provided for in the underlying 134
child support judgment, the court may determine that emancipation 135
has occurred and no other support obligation exists when the 136
child: 137
(i) Discontinues full-time enrollment in school 138
having attained the age of eighteen (18) years, unless the child 139
is disabled, or 140
(ii) Voluntarily moves from the home of the 141
custodial parent or guardian, establishes independent living 142
arrangements, obtains full-time employment and discontinues 143
educational endeavors prior to attaining the age of twenty-one 144
(21) years, or 145
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(iii) Cohabits with another person without the 146
approval of the parent obligated to pay support; * * * 147
(c) The duty of support of a child who is incarcerated 148
but not emancipated shall be suspended for the period of the 149
child's incarceration. 150
(9) Unless otherwise provided for in the underlying child 151
support judgment and notwithstanding the termination of support 152
under subsection (8) of this section, on or after the effective 153
date of this act, the duty of support for a child who is incapable 154
of self-support by reason of a physical or mental disability, if 155
the disability existed during the adult child's minority, may 156
continue past the child's anticipated age of majority if: 157
(a) A hearing is held by the court; and 158
(b) The adult child is placed in a conservatorship or a 159
less restrictive alternative authorized under Chapter 20, Title 160
93. 161
( * * *10) A determination of emancipation does not 162
terminate any obligation of the noncustodial parent to satisfy 163
arrearage existing as of the date of emancipation; the total 164
amount of periodic support due prior to the emancipation plus any 165
periodic amounts ordered paid toward the arrearage shall continue 166
to be owed until satisfaction of the arrearage in full, in 167
addition to the right of the person for whom the obligation is 168
owed to execute for collection as may be provided by law. 169
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( * * *11) Upon motion of a party requesting temporary child 170
support pending a determination of parentage, temporary support 171
shall be ordered if there is clear and convincing evidence of 172
paternity on the basis of genetic tests or other evidence, unless 173
the court makes written findings of fact on the record that the 174
award of temporary support would be unjust or inappropriate in a 175
particular case. 176
( * * *12) Custody and visitation upon military temporary 177
duty, deployment or mobilization shall be governed by Section 178
93-5-34. 179
SECTION 2. It is the intent of the Legislature that should a 180
court determine to continue the duty of support for a child past 181
the child's age of majority under Section 93-11-65(9), the court 182
may: 183
(a) Order that the duty to support a child continues 184
past the anticipated age of majority if the child has a disability 185
which was present during the child's minority that prevents the 186
child from living independently unless the child is a long-term 187
patient in a facility owned or operated by the State of 188
Mississippi; 189
(b) Order, modify or leave in place previous orders 190
regarding custody, visitation, payment of medical expenses or any 191
other matters regarding the health, maintenance, education and 192
welfare of the child with a disability; and 193
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ST: Child support; authorize continuation past
the age of majority for certain disabled
children.
(c) Consider the child's receipt of and eligibility for 194
public benefits and community services and resources in 195
determining the award of support. 196
SECTION 3. This act shall take effect and be in force from 197
and after July 1, 2026. 198