Georgia now permits child support for disabled children over 18

Child Support for Disabled Children Over 18

Between 1993 and June 30, 2024, Georgia Courts could only award child support through age 18 in most circumstances. There was an exception allowing child support to continue through age 20 if the child was still in high school. HOWEVER, beginning July 1, 2024, that rule changed.

HB 499 (2024 Ga. Laws 479) was signed into law and applies to all cases accruing on or after such date. It revises O.C.G.A. section 19-6-9 and provides that the trial court may compel a spouse to provide support for any dependent adult child as defined in code section 19-6-15.1.

New code section 19-6-15.1 defines a dependent adult child as an unmarried individual who has reached the age of majority and is incapable of self-support as a result of a physical or mental incapacity that began before the individual reached the age of majority. An action for support may be brought by either parent, a nonpatent custodian, a guardian, or the child. If awarded, support is paid to the child, the child’s guardian; or may be irrevocably assigned to a special needs trust established pursuant to 42 U.S.C. Section 1396p(d)(4)(A) or 1396p(d)(4)(C).

Code Section 19-6-15.2 lists the factors the trial court should consider when determining whether to award support. Those factors include:

1. The dependent adult child’s income and assets;
2. Any existing and future needs of the dependent adult child which are directly related to his or her mental or physical incapacity and the substantial care and personal supervision directly required by or related to that incapacity;
3. Whether a parent or other person pays for, or will pay for, the care or supervision of the dependent adult child or provides, or will provide, substantial care or personal supervision to the dependent adult child himself or herself;
4. The financial resources available to each parent for the support, care, and supervision of the dependent adult child;
5. Any other resources, financial or otherwise, or programs available for the support, care, and supervision of the dependent adult child;
6. Any state or federal programs and benefits that the dependent adult child is receiving or may receive due to reaching the age of majority; and
7. The effect that the court-ordered support would have on the dependent adult child’s eligibility for such programs and benefits

Subsection (d) of section 19-6-15.2 states:

The support provided pursuant to this Code section shall be in addition to and not in lieu of the benefits or assistance a dependent adult child may receive from a source other than his or her parents. No duty created pursuant to Code Section 19-6-15.1 nor any other provisions of this Code section shall impact the eligibility of a dependent adult child to receive the maximum benefits provided by any federal, state, local, and other governmental and public agencies

Code Section 19-6-34 was amended to authorize the court to require that a parent maintain life insurance for the benefit of a dependent adult child.