Disabled Adult Children

The Mississippi Supreme Court decided the case of Hays v. Alexander yesterday.  The case laid to rest a lot of speculation in the family law community over whether the chancery court has the authority to order a parent to provide for post-majority support of a disabled child.  The Court stated that the chancery court does not absent an express agreement of the parties to or statute passed by the legislature.  There is a long line of cases that say the parties can agree and the trial court will enforce an agreement approved by the chancery court to do more than the law requires.  However, absent that agreement, the chancery court has no authority to order a parent to do this unless the legislature gives it to them.  If you really want to get confused, read Mississippi Code Annotated 43-19-33 which provides that post majority support for a disabled child can be ordered in a DHS case involving a putative father.  Looks to me like there could be a constitutional challenge to the statute as singling out unmarried fathers only in light of this ruling.