RANDOLPH, Presiding Justice, for the Court:
¶ 1. Before the Court is an appeal of a motion for contempt and modification of alimony and child support first filed by Mari Lynn Hays,
¶ 2. Mari Lynn and Lon were married in 1986, and their only child, Rick, was born in December 1987. On August 2, 2001, Mari Lynn filed a "Complaint for Divorce on Ground of Irreconcilable Differences" in the Hinds County Chancery Court. On October 17, 2002, the chancery court issued a "Judgment of Divorce — Irreconcilable Differences" incorporating Mari Lynn's and Lon's "Agreement for Custody and Maintenance of Child and Settlement of Property Rights" ("the agreement"). At that time, Rick was fourteen years old.
¶ 3. The agreement provided that Mari Lynn and Lon would have joint legal custody. Mari Lynn would have primary physical custody. Lon would have weekend visitation. Lon was to pay Mari Lynn $1,500 each month "for the support and maintenance of the minor child" and maintain health insurance covering Rick. (Emphasis added.) The parties were to share equally all reasonable medical expenses. Lon also agreed to pay all of Rick's private school expenses and college-education expenses through a baccalaureate degree, so long as Rick was actively pursuing a degree and maintaining a 2.50 grade-point average. The agreement further provided that Lon was to pay lump-sum alimony of $100,000 to Mari Lynn in four payments of $25,000, and installment alimony of $9,500 each month for one-hundred-eight months.
¶ 4. On October 26, 2010, Mari Lynn filed a "Motion for Modification, and Motion for Contempt[,]" alleging that Lon was in arrears in alimony, medical, and college-expense payments under the agreement, and seeking additional financial support from Lon due to Rick's medical conditions. At that time, Rick was less than two months shy of his twenty-third birthday, well past the age of majority. Mari Lynn requested that the chancellor extend Lon's alimony payments or require him to reinstate child-support payments past the age of majority.
¶ 5. On April 21, 2011, the chancellor held a hearing on Mari Lynn's modification and contempt claims. At the close of the hearing, the chancellor asked for briefs regarding "why and how I could modify the alimony as well as the child support and what basis I should do it under. And I would like for y'all to get together and submit to me what you think is owed in alimony from both sides. And I will pick a number if y'all can't agree on something." Thereafter, Mari Lynn provided that Lon owed $59,000 in past-due alimony, had not paid Rick's college tuition for the fall of 2010, and had not paid half of Rick's medical expenses.
¶ 6. On May 31, 2011, the chancellor ordered Lon to pay Rick's outstanding college expenses, as required by his agreement. On June 15, 2011, the chancellor permitted Mari Lynn, in her capacity as
¶ 7. On July 11, 2011, Mari Lynn filed a motion to amend the motion for modification to reflect her status as Rick's conservator, and to request — in addition to her requests for continued alimony and child — support payments — that the chancellor require Lon "to provide support directly to [Rick], through his Conservator...." On December 9, 2011, the chancellor entered an order, inter alia, addressing Mari Lynn's amended motion for modification. The chancellor recognized that "[i]n its Order, the Court did not make any reference to the recent appointment of Mari Lynn Hays as Rick's conservator[,]" and stated that "[b]ecause the proof that would be offered in support of the Amended Motion is identical to the proof already received by the Court ..., rather than try the issue a second time, for the sake of judicial economy, the Court hereby adopts the evidence at the first trial for the Amended Motion." The chancery court denied Mari Lynn's request that Lon be required to support Rick by depositing money into a conservatorship, holding that the court was without legal authority to grant the request.
¶ 8. Mari Lynn raises the following arguments on appeal:
¶ 9. We will reverse a decision of the chancery court in a domestic-relations case where the chancery court applied an erroneous legal standard or reached a manifestly wrong or clearly erroneous decision. Williams v. Williams, 37 So.3d 1171, 1173-74 (Miss.2010).
¶ 10. We find that the chancery court properly denied Mari Lynn's request that Lon be required to provide support in futuro for Rick after Rick attained majority. The chancellor found as follows, in relevant part:
(Emphasis added.)
¶ 11. We agree with the chancellor that neither a motion for modification nor a motion for contempt was a permissible procedure to consider support for an adult child after the child had attained majority. We specifically have held that a child-support-modification proceeding brought by one parent against the other is not a proper proceeding in which to consider post-majority support. In Taylor, we held that "[c]ourts in other jurisdictions have held the custodial parent has no standing to bring an action or seek support for a child after the child attains majority[,]" and found that "[w]e think the same rule applies in this state." Taylor, 478 So.2d at 313 (citations omitted). After specifically holding that no such right existed, the Taylor Court continued, without citing authority:
Id. The chancellor properly found that Mari Lynn's motion for modification was "procedurally improper with regard to the modification of child support for Rick."
¶ 12. Although Taylor — in dicta, as it was not an issue to be decided — suggested a procedure for an adult child to seek post-majority support, Taylor clearly did not establish a substantive right (for, indeed, that is a legislative function) to post-majority support, or cite the existence of such authority under either the common law or our statutes. Taylor, 478 So.2d at 313. Nor did Taylor overrule Wright, et al. v. Coleman, 137 Miss. 699, 102 So. 774, 776-77 (1925), which provided that:
Wright, 102 So. at 776-77.
¶ 13. The chancery court properly found that the common law did not endow our courts with the substantive power to require a parent to support an adult child. "The common law of England has, from the earliest times, left this duty [of parents to support their children] to the natural feelings of the parents, and experience has shown that the confidence has not in general been misplaced." Rawlings v. Rawlings,
¶ 14. The chancery court also properly found that statutory law did not endow our courts with the power to require a parent to support an adult child. In Watkins, we found that no Mississippi statute vests chancery courts with jurisdiction "to impose a duty on parents to support adult children." Watkins, 337 So.2d at 724. We find the same today. In 2002, when the child-support judgment was entered, Mississippi Code Section 93-5-23 provided that "[t]he duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred and no other support obligation exists when the child ... [a]ttains the age of twenty-one (21) years...." Miss.Code Ann. § 93-5-23 (2000) (amended 2006) (emphasis added). Justice King correctly observes that Section 93-5-23 makes the chancellor's determination of emancipation permissive ("[t]he court may determine that emancipation has occurred"). However, it does not follow that, in the absence of an emancipation determination in a child-support judgment, the child remains unemancipated beyond the age of majority. This Court has provided that:
Rennie v. Rennie, 718 So.2d 1091, 1093-94 (Miss.1998) (citations omitted). Obviously, an individual cannot be freed "for all the period of its minority" after the individual has reached the age of majority and is no
¶ 15. Thus, neither the common law nor statutory law provides to the courts of this State the authority, under the facts as presented today, to require Lon to support Rick. The power to grant the authority to require parents in Mississippi to support their adult children financially is confided to a separate magistracy: the Legislature. Our courts are without the constitutional power to declare otherwise.
¶ 16. We conclude that the chancery court properly declined to require Lon to support Rick financially via support payments, by depositing money into a conservatorship, or by making alimony payments to Mari Lynn. Accordingly, we affirm the judgment of the Hinds County Chancery Court.
¶ 17.
WALLER, C.J., LAMAR, PIERCE AND COLEMAN, JJ., CONCUR. PIERCE, J., SPECIALLY CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY WALLER, C.J., RANDOLPH, P.J., LAMAR AND COLEMAN, JJ. KING, J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY DICKINSON, P.J., KITCHENS AND CHANDLER, JJ.
PIERCE, Justice, specially concurring:
¶ 18. Although I believe the dissent's heart is in the right place, the Legislature has not created a statutory scheme whereby parents may be required to pay support for, or on the behalf of, adult disabled children. Nor has the Legislature created a statutory scheme whereby adult children may be required to pay for, or on behalf of, disabled parents. For this Court to hold otherwise is to violate the separation of powers.
WALLER, C.J., RANDOLPH, P.J., LAMAR AND COLEMAN, JJ., JOIN THIS OPINION.
KING, Justice, dissenting:
¶ 19. The majority concludes that neither the common law nor statutory law provides to the courts of this State the authority to require a parent to support an adult child. Maj. Op. ¶ 13-14. Because I
¶ 20. In this case, both parties admit that Rick suffered from serious ailments prior to their divorce.
¶ 22. The Legislature provided that a "court may determine that emancipation has occurred pursuant to Section 93-11-65." Miss.Code Ann. § 93-5-23 (Rev. 2004) (emphasis added). This determination of emancipation is clearly permissive, and not mandatory. See Burt v. Burt, 841 So.2d 108,
¶ 23. Section 93-11-65 provides that
Miss.Code Ann. § 93-11-65(8)(a) (Rev. 2004) (emphasis added). While emancipation under Section 93-11-65, which is not at issue in this case, "shall" occur when one or more of the four factors is met, this section also provides that emancipation occurs unless the court provides otherwise in the underlying child support judgment. This provision clearly gives courts the latitude to make provisions regarding emancipation in their child support judgments other than those situations outlined in the statute.
¶ 25. This Court has defined emancipation as
Burt, 841 So.2d at 111 (quoting Caldwell v. Caldwell, 579 So.2d 543, 549 (Miss.1991)). Twenty-one is generally considered the age of majority and presumptively the age of emancipation. See Watkins, 337 So.2d at 724. "At that age a person is presumed to possess the physical and mental capabilities to support himself, to establish his own residence, and in general to manage his own affairs." Koltay v. Koltay, 667 P.2d 1374, 1376 (Colo.1983). However, when a child is under a mental or physical disability which renders the child incapable of self-support,
DICKINSON, P.J., KITCHENS AND CHANDLER, JJ., JOIN THIS OPINION.
Miss.Code Ann. § 43-31-28 (Rev.2004) (emphasis added). We have held that "this statutory liability can only be enforced in the manner provided by statute." Wright, 102 So. at 777.
Post-majority support also is statutorily provided for in a Department of Human Services paternity case. A putative father who has acknowledged paternity and is responsible for making support payments for a minor child is required to continue making support payments if the child has a disability that continues into adulthood. Miss.Code Ann. § 43-19-33(3) (Rev.2004) ("in the case of a child who, upon reaching the age of twenty-one (21) years, is mentally or physically incapable of self-support, the putative father shall not be relieved of the duty of support unless said child is a long-term patient in a facility owned or operated by the State of Mississippi.).
Miss. Const. art. 1, § 1.
Child support judgments are generally entered when children are at a young age. According to the majority, a child support judgment entered for a three-year-old child must provide for emancipation in that child support judgment in order for emancipation to be prevented at age twenty-one. Maj. Op. ¶ 14. Clearly, that is an impossible determination to make in most circumstances. In order to give effect to Section 93-5-23, a chancellor could only make a determination that the presumption of emancipation was overcome if the child was near in age to the age of majority such that the determination was made on the child's condition as an adult or near adulthood. The time at which to make that determination would be in a motion to modify the original child support judgment when the child is of an age to make a proper determination as to whether the presumption of emancipation at the age of majority has been overcome, and, if proper, substitute it with a modified child support judgment.
However, in light of today's opinion finding that emancipation must occur at age twenty-one unless the chancellor otherwise provides in the child support order, Majority Opinion ¶ 14, I would encourage all chancellors to include in the original child support order in all divorce cases henceforth a provision delaying the determination of emancipation. This will allow chancellors to later consider child support in the event the child is disabled prior to attaining the age of twenty-one.