Little v. Little
| Docket Number: | 2003-CA-02078-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-27-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Termination of child support Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers and Chandler, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 08-26-2003 Appealed from: Hinds County Chancery Court Judge: Denise Owens Disposition: HENRY STEPHEN LITTLE WAS RELIEVED OF HIS DUTY TO MAKE CHILD SUPPORT PAYMENTS BECAUSE BOTH CHILDREN WERE OVER THE AGE OF 21 AND THERE WAS NO AGREEMENT FOR SUPPORT TO CONTINUE PAST EMANCIPATION. Case Number: G-95-1542 0/3 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sandra Kazery Little (Davis) |
JOHN ROBBINS |
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| Appellee: | Henry Stephen Little | DAVID EARL ROZIER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Termination of child support |
| Summary of the Facts: | Henry Little sued Sandra Davis, his former wife, seeking to terminate child support payments because both children had reached the age of majority. Davis counterclaimed seeking support for the children while in college. The court granted Little's motion for summary judgment, and Davis appeals. |
| Summary of Opinion Analysis: | Absent an agreement to the contrary, a parent is not required to provide for the care and maintenance of his child after that child reaches the age of majority which in Mississippi is twenty-one. The record indicates that the parties did not have a written agreement providing for post-emancipation child support payments. Since both children are now twenty-one years of age or older, the chancellor was correct in finding that Little no longer had an obligation to make child support payments. |
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