Burt v. Burt

841 So.2d 108 (2001)

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Nature of the Case

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Facts

D and P's mother, Gloria, were granted a divorce. D was ordered to pay $275 per month in child support 'for the minor children.' There was no mention of any special needs or any special allocation between the children, so the presumption, albeit rebuttable, is that each was entitled to one half of the $275 each month. Gloria died on January 24, 1989. D did not make any child support payments after Gloria's death. P lived with her grandparents in Jackson, Mississippi, for several years following the death of her mother. At approximately 16 years of age, P began to live in a variety of places, all of which were in the Jackson area. During the summer of 1993, she lived in an apartment with her friend Stephanie and Stephanie's mother. P lived with her father for approximately four to six months during 1993 and 1994. P testified that she moved out of her father's home because she was uncomfortable with his drinking. Later, she moved in with her boyfriend at the time, where she lived from November 1995 until July 1996. P worked several different places. She worked at Jan's Hallmark (20 to 30 hours per week) and then at Victoria's Secret (15 hours per week). She also worked as a waitress. When P was 21, she filed suit against D for child support unpaid since 1989. P got a judgment of $29,795 in back child support plus $13,882 interest. This amount awarded included the entire monthly sum ordered for both her and her brother in their parents' 1978 divorce. D appealed. D contends that when P moved out of his house, that decision emancipated her. D contends P was not due any child support.