Understanding Support for a Dependent Adult Child in Georgia
Starting July 1,
2024, parents in Georgia may be required to support their adult children with
disabilities. The new law 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. This law
aims to ensure ongoing care for disabled individuals who cannot live
independently.
Requesting Support for a Dependent Adult Child
To request support
for a dependent adult child, a parent can take the following legal steps:
Divorce or
Separate Maintenance Actions: Parents can seek support during divorce or
separate maintenance proceedings. If a child is not yet 18 when these actions
are filed, parents can agree on support terms, which must be submitted to the
court before the child turns 18.
Original Action: An
original action can be filed once the child is 17.5 years old, provided there
is no conflicting child support order already in place. This petition can be
initiated by either parent, a non-parent custodian, guardian, or the dependent
adult child themselves or their agent under a durable power of attorney.
Calculating Support for a Dependent Adult Child
The amount of support
for a dependent adult child is determined by the court using its discretion.
Dependent Adult
Child's Income and Assets: Evaluates any financial resources the child may
have.
Needs Related to
Incapacity: Considers the current and future needs due to the child's physical
or mental incapacity.
Parental or
Third-Party Care: Assesses contributions made by parents or others towards the
child's care.
Parent's Financial
Resources: Reviews each parent's financial situation.
Other Available
Resources: Includes any additional financial or supportive programs available.
Government Programs
and Benefits: Takes into account state and federal benefits the child is
eligible to receive.
Impact on Benefits:
Considers how court-ordered support might affect the child's eligibility for
government assistance.
Additionally, the
court may order parents to maintain life insurance for the benefit of the
dependent adult child. The support order can be modified if there is a
substantial change in the financial circumstances of the parents or the child.
This new law
represents a significant shift in Georgia's approach to supporting disabled
adult children, emphasizing a long-term commitment to their well-being and
financial stability.