Age Child Support Ends
Age Child Support Ends
Generally, in Georgia child support payments stop when the minor child/children for whom support is being provided turn 18 years of age. However, Georgia law allows for child support payments to endure past a child's 18th birthday or end at different time under certain circumstances. According to Georgia law, court ordered child support may end when one of the following circumstances listed below occurs.
Child Support Ends Upon:
Legal Custody Change
Up to The Age of 20
Passing of the Child
Passing of the Obligated Parent
Passing of Legal Custodian
Upon the marriage of the child.
Upon the emancipation of the child when the child become self supporting. However, child support does not terminate automatically upon these happenings. Termination of child support when the child becomes emancipated or self-supporting must be specifically provided for in the decree.
If the obligated parent acquires legal custody of the child.
Child support ends upon the child reaching 18, unless there is a provision that child support should continue through the child's secondary school education up to age 20. The parent's may, by agreement, provide that the child support continue for a longer period. However, without the parent's consent, neither a court nor a jury can require that a parent support a child beyond age 18, except a court or jury may provide that child support continue until age 20 if the child is still enrolled in secondary school.
Upon the death of the minor child.
Upon the death of the obligated parent (the parent making the payments).
Upon the death of the parent who is the legal custodian of the child (the parent collecting support payments).
As is otherwise mandated by the court's final decree.
M&T Practice Pointer
A non-custodial parent’s duty to provide child support does not terminate upon the remarriage of the parent’s former spouse. However, child support will terminate if the child is adopted by another, as the adoption decree terminates the parent’s future obligation to support the child.
Agreements for Child Support Payments Past the Age of 20
Disagreements arise when one parent, seeks for child support to endure past the age of 20, and the other parent refuses to agree to such an arrangement. For example, a parent may wish for child support to endure until the child completes 4 years of college.
Not only may disagreements stem from one parent desiring for child support to endure past the child's 20th birthday, but parents may also disagree on whether child support should endure past the age of majority. Although a court may not order a parent to support a child past his or her 20th birthday without the parents' consent, the court may order a parent to support a child past the age of majority. But, the court will only do so if the court finds that it is in the best interest of the child and is equitable under the circumstances of the specific case. This is why, if at all possible, it is advisable for parents to reach a mutually acceptable agreement regarding the duration of child support, because a court's determination of the matter may prove unsatisfactory to both parents.