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New Georgia Law Requires Parents to Support Disabled Adult Children

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Publish Date: 06/10/2024

New Georgia Law Requires Parents to Support Disabled Adult Children

Starting July 1, 2024, parents in Georgia may be legally required to financially support their adult children with disabilities. This significant change follows the Georgia General Assembly's enactment of new laws which mandate parents to provide ongoing support to their disabled adult children, marking a shift from the current legal framework.

Current Child Support Framework

Presently, a parent's duty to support their child typically ends when the child turns 18, dies, marries, or becomes emancipated. However, there are exceptions: child support can be extended if the child is still attending high school, but not beyond their 20th birthday. The new legislation, however, introduces provisions which significantly extend the responsibilities for parents of children with disabilities.

New Provisions Effective July 1, 2024

Under the new law, a parent can be ordered to financially support and maintain life insurance for a "dependent adult child" indefinitely. This groundbreaking legislation introduces a novel cause of action which may require lifelong support from parents for their disabled adult children.

Definition of Dependent Adult Child

The statute defines a "dependent adult child" as an unmarried individual who is 18 years old and incapable of self-support due to a physical or mental incapacity which began before reaching adulthood. The term "physical or mental incapacity" will likely be subject to legal interpretation in future court cases. Importantly, the inclusion of "unmarried" means marriage disqualifies an adult child from receiving this support, regardless of their disability.

Implications and Considerations

While the new law is codified under the Georgia Code, it establishes a distinct form of support separate from traditional child support or alimony. This support is not governed by the Georgia Child Support Guidelines, which typically dictate the terms and amounts of child support.

This legislative development underscores the evolving recognition of the needs of disabled individuals who require continued support into adulthood. Parents of disabled adult children in Georgia should prepare for these changes and consider the legal and financial implications of the new requirements.

In conclusion, starting July 1, 2024, Georgia parents may bear a continued responsibility to support their disabled adult children, reflecting a significant shift in the state's approach to family support laws.

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