How Child Support Ends in Mississippi
When Child Support Stops Automatically
Child support in Mississippi ends automatically when the youngest child turns 18, or when they graduate from high school, whichever happens later. If your child is still in high school after turning 18, support continues until graduation or age 19, whichever comes first. This is set by Mississippi Code Section 93-5-23.
The obligation also ends if the child marries, joins the military, or becomes self-supporting before reaching the age limit. Death of either parent or the child also terminates the order. In these cases, the paying parent does not need to file anything — the order straightforward expires on its own.
However, if you want to stop paying before the automatic end date, or if you believe the order should have ended and payments are still being taken, you will need to take action through the court.
Key Takeaways
- Child support ends automatically when the youngest child turns 18 or graduates high school, whichever is later, with no court filing required.
- To end support before the automatic date, you must file a motion to modify or terminate with the Chancery Court in the county where the order was issued.
- You will need to show a substantial and continuing change in circumstances — such as job loss, disability, or a significant drop in income — to convince a judge to terminate early.
- The other parent has the right to respond to your motion, and the judge may modify the amount instead of terminating it completely.
- If payments continue after the child reaches the automatic end date, contact the Mississippi Department of Human Services or file a motion to enforce the termination.
Filing a Motion to Terminate Before the Automatic End Date
If you want to end child support before your child turns 18 or graduates high school, you must file a motion to modify or terminate with the Chancery Court in the county where the original child support order was issued. You cannot straightforward stop paying — the court must approve the change.
To file, you will need the case number from your original order and the name of the judge or court that issued it. You can find this information on your court documents or by calling the Chancery Court clerk's office in that county. The clerk can tell you the filing fee, which varies by county but is typically between $100 and $300.
Your motion must explain why you believe support should end. straightforward wanting to stop paying is not enough. You will need to show a substantial and continuing change in circumstances — meaning something significant has changed since the order was issued or last modified. Common reasons include losing your job, becoming disabled, a major reduction in income, or a change in custody or visitation.
What Counts as a Change in Circumstances
Mississippi courts look for changes that are both substantial and continuing. A temporary layoff or a few weeks without work usually does not meet this standard. The change must appear likely to last, not be a short-term setback.
Examples that courts have found sufficient include: permanent job loss with no when ready prospect of new employment at the same wage, a disability that prevents you from working, a significant medical condition requiring ongoing treatment, a substantial drop in self-employment income documented over several months, or a major change in custody where the child now lives with you full-time.
If your income dropped because you chose to take a lower-paying job or reduced your hours voluntarily, the judge may not accept that as grounds for termination. Courts are skeptical of parents who deliberately reduce their income to avoid support obligations. You will need to show the change was not your choice or was necessary for legitimate reasons.
The Court Process and What to Expect
After you file your motion, the court will serve a copy on the other parent — usually the custodial parent or the parent receiving support. They have the right to respond and argue against termination. Many cases are resolved through negotiation between the two parents before a hearing takes place.
If the case goes to a hearing, both you and the other parent can present evidence. Bring documentation of your changed circumstances: recent pay stubs, a termination letter from your employer, medical records if you claim disability, tax returns showing reduced income, or other proof of the change you are claiming. The judge will consider your current income, the child's needs, and whether the change is likely to be permanent.
The judge may decide to terminate support completely, modify the amount to a lower figure, or deny your motion and keep the order as is. Even if you do not win full termination, a modification to a lower amount is possible if the judge finds your circumstances have genuinely changed.
Stopping Payments If Support Should Have Already Ended
If your child has already reached 18 and graduated high school, or if another automatic termination event has occurred, child support should have ended. However, sometimes payments continue by mistake — either because the receiving parent did not notify the court, or because the payment system did not process the termination.
Contact the Mississippi Department of Human Services, Division of Child Support Enforcement first. They maintain records of all child support orders and can verify whether your case should have terminated. If they confirm the order has ended, they can stop the automatic deductions. You can reach them at 1-800-434-5437 or through their website.
If the Department of Human Services does not resolve it, you can file a motion to enforce termination with the Chancery Court. This motion asks the judge to confirm that the order has ended and to order the other party to stop collecting payments. Include documentation showing your child's age, graduation date, or other proof of the termination event.
Handling Back Support and Arrears
Terminating future child support does not erase any back support you owe — money that was due but unpaid before the termination date. If you are behind on payments, those arrears remain your obligation even after the order ends.
If you have unpaid child support, the court may order you to pay it in a lump sum or set up a payment plan. The other parent can pursue collection through wage garnishment, tax refund intercept, or other enforcement methods. Terminating the order does not stop collection of arrears.
If you believe you have paid all amounts owed, or if you dispute the amount claimed as back support, bring documentation of your payments to court. Keep records of all child support payments you make, whether through the court system or directly to the other parent.
What Happens With Health Insurance and Other Obligations
Child support orders often include requirements to maintain health insurance for the child. When child support terminates, the health insurance requirement may also end, but this depends on the language of your specific order. Review your court documents to see what they say about insurance after support ends.
Some orders require insurance to continue until the child turns 21 or completes college, even if child support itself has ended. If you are unsure, contact the Chancery Court clerk or the other parent to clarify. Failing to maintain required insurance can result in contempt charges even after support has terminated.
Similarly, some orders require the paying parent to contribute to college expenses or other costs beyond age 18. These obligations are separate from child support and may continue even after monthly support ends. Check your order carefully.
Frequently Asked Questions
Can I stop paying child support if the other parent is not letting me see my child?
No. Child support and visitation are separate legal issues. You cannot stop paying support because you are denied visitation, and doing so will result in arrears and possible contempt charges. Instead, file a separate motion to enforce your visitation rights with the court. If you win, you can then file a motion to modify support based on changed custody or visitation circumstances.
What if the child is 18 but still in high school — do I have to keep paying?
Yes. Mississippi law requires support to continue until the child graduates high school or turns 19, whichever comes first. Once the child graduates, support ends automatically. You do not need to file anything if the termination happens on schedule.
Do I have to go to court in person to file a motion to terminate?
Not necessarily to file the motion itself — you can file by mail or in person at the Chancery Court clerk's office. However, if the case goes to a hearing, the judge may require you to appear. Some judges allow testimony by phone in certain circumstances, but you should assume you will need to be present.
What if I cannot afford a lawyer to file the motion?
You can file the motion yourself without a lawyer. The Chancery Court clerk can provide you with the correct forms and filing instructions. Legal aid organizations in Mississippi may also help if your income is low. Contact your local bar association or the Mississippi Access to Justice Commission for referrals.
If my child turns 18 and stops going to school, does support end when ready?
No. Support continues until graduation or age 19, even if the child drops out of school. If the child leaves school before graduating, support still continues until they turn 19. The only way to end it earlier is to file a motion and convince the judge that circumstances have changed substantially.
This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.