Generally, child support payments in Georgia continue until the child reaches the age of 18. There are, however, a number of exceptions to the rule.
In some cases, there will be a provision in the child support decree regarding a child’s secondary school education. Indeed, according to O.C.G.A. 19-6-15(e), either or both parents may be required to continue to provide financial assistance to a child who has reached the age of eighteen but has not yet turned twenty years old, so that the child can complete their secondary school education. Importantly, however, this award is not mandatory – it is discretionary to be awarded on a case-by-case basis with the court. While a parent can only be forced by a court to pay for child support until the age of eighteen, or for secondary education purposes until the age of twenty, either or both parents may, of course, agree to provide child support for a longer period.
In some cases, an agreement will not state how long child support will last. If this is the case, the parent’s obligation will continue periodically, as per the agreement, until the child turns eighteen or is emancipated, whichever occurs first.
Other reasons that Georgia child support payments would terminate prior to a child turning eighteen are:
The marriage of a minor child. In the case of Golden v. Golden, the Georgia courts held that if a child is married before the age of eighteen, child support payments will be terminated.
- If the parent who is responsible for making child support payments dies, this would terminate their estate’s obligation to continue the child support payments unless the child support decree provides specific language to the contrary.
- If the parent who is paying child support gains legal custody of the child, their child support payments would terminate. Interestingly, however, if the child support payments are made for more than one child, and custody is transferred for only one of the children, this would not lead to a proportionate decrease in the amount payable.
- If another parent adopts a child, the adoption decree would terminate future child support obligations of the parent.
While many may think it is unfair, child support payments in Georgia do not terminate simply because a child is self-supporting. Indeed, even if a child has a job and is earning more than the parent, the parent is still obligated to make their child support payments.
Getting Started
The above information is meant as a brief summary of certain aspects of Georgia annulment law. If you are considering filing for a Georgia divorce or a Georgia annulment, we recommend that you speak with one of our Atlanta family law attorneys who can help you determine if an annulment is right for you. We are proud to say that our attorneys are among the most knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews. Please note that for a typical divorce or annulment proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form. Thank you and we look forward to working with you.
