Mississippi Supreme Court

Lawrence v. Lawrence

January 23, 1991574 So. 2d 1376

Summary

The court held that parents may not enforce an incorporated divorce agreement terminating child support at age eighteen when doing so would extinguish the child's support rights before age twenty-one or emancipation. It reversed and remanded for reconsideration of whether the children's increased needs, the parties' circumstances, and the daughter's college eligibility justified modified support, and it adopted a rule allowing an increase to take effect no earlier than the filing of the modification petition, subject to the trial court's discretion.