Age Child Support Ends
Age Child Support Ends
In Georgia, child support payments generally stop when the minor child for whom support is being provided turns 18 years of age. However, Georgia law permits for child support payments to terminate when a child turns 18 or graduates from secondary school, whichever occurs later. Child support shall not be required after the child reaches the age of 20, even if they have not completed high school. According to Georgia law, court ordered child support may end when one of the below circumstances 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 Basic Child Support Obligation does not terminate upon the remarriage of a parent. 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 occasionally arise when one parent wishes for child support to continue past the age of 18 or graduation from secondary school. 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 incorporate an agreement between the parties to pay for college, or otherwise support an adult child, in the court's Final Order. The court will only incorporate an agreement of the parties if the court finds the agreement in the best interest of the child and equitable under the circumstances of the specific case. Since a court's determination on the matter may prove unsatisfactory to both parents, it is advisable for parents to reach a mutually acceptable agreement, rather than ask the judge to decide.