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.