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Life Insurance and Child Support

In child support case, the court may order a parent, or both parents, to obtain and maintain a life insurance policy (or policies) for the benefit of the minor children. OCGA 19-6-34(a). The purpose of the policy is to cover a parent’s child support obligation if he or she passes away while the children are still minors. Under the child support guidelines, both parents have an obligation to support the minor children. Thus, the court often orders both parents to obtain policies because, if either parent passes away while the children are still minors, the other parent will bear the entire obligation to support the children. The parent or parents who pay the premium on the life insurance policy may receive a deviation to the presumptive amount of child support, if the court finds the amount of the premium to be reasonable and in the child’s best interest. OCGA 19-6-34(b). Parents can also agree to maintain life insurance policies for the benefit of the minor children in a settlement agreement. OCGA 19-6-34(e).

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