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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. One exception to this rule is the rule for "Adult Dependent Children." If your adult child qualifies as disabled or dependent, the parents may be able to request that support be paid for the Adult Dependent Child. Otherwise, according to Georgia law, court ordered child support may end when one of the below circumstances occurs.

Child Support Ends Upon: 


1

Marriage

2

Emancipation

3

Legal Custody Change

4

Up to The Age of 20

5

Passing of the Child

6

Passing of the Obligated Parent

7

Passing of Legal Custodian

8

Court Decree

Your child's wedding/marriage
Marriage

Upon the marriage of the child.

Sitting with your child
Emancipation

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.

Dad getting legal custody.
Legal Custody Change

If the obligated parent acquires legal custody of the child.

20 year old kids
Up to The Age of 20

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.

sadness from death of the child
Passing of the Child

Upon the death of the minor child.

Death of the obligated parent.
Passing of the Obligated Parent

Upon the death of the obligated parent (the parent making the payments).

Death of legal custodian
Passing of Legal Custodian

Upon the death of the parent who is the legal custodian of the child (the parent collecting support payments).

Court order on child support
Court Decree

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.

Dependent or Disabled Adult Children

On July 1, 2024, the Georgia Child Support laws were changed to allow for support to be requested for "Dependent Adult Children." If an Adult dependent or disabled child qualifies, the parents may seek support to paid on behalf of the adult child.

According to Georgia law, a Dependent Adult Child is an unmarried individual who is 18 years old 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." The interpretation of the phrase "physical or mental incapacity" may be subject to litigation at both the trial court and appellate court level.

Additional Resources 

Please feel free to read and learn more on other related child support topics. 
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