I keep having this issue come up so I thought it is time to write a little something about it. Many times a court does what is commonly called a global support order for kids (i.e. $500.00 per month total for three kids with no set amount per child). There appears to be a common misconception that when one child is emancipated, this reduces the support amount. That is not the case.
If the order has a set amount per child, the parent can safely reduce the support amount once a child is emancipation by the set amount in the order. (i.e. $100.00 per child with three kids, one child emancipated, support reduces to $200.00 automatically). Ligon v. Ligon, 743 So.2d 404, 408 (Miss. Ct. App. 1999). If the order is global, a court order is needed. Evans v. Evans, 994 so.2d 765, 769-70 (Miss. 2008). On the global order, there is some authority floating around allowing a court ordered credit and there is authority that reaches the opposite conclusion. That is why it is best to get a court order to avoid possible contempt issues.
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