Can a parent in Georgia be required to support an adult child who has a disability? Yes, in the near future, a parent in Georgia may be required to financially support a disabled adult child. The Georgia General Assembly passed new laws regarding a parent's duty to financially support his or her disabled adult children that will become effective July 1, 2024. The new laws will affect all applicable cases filed on or after July 1, 2024. Currently, a parent's duty to financially support his or her child generally stops when the child turns 18 years old, dies, marries or becomes emancipated---whichever first occurs. See generally O.C.G.A. § 19-6-15(e) ("Duration of child support responsibility"). The court may extend the duty of child support beyond this general duration if the child, who has not previously married or become emancipated, is 18 years old and still attending high school, but the child support cannot be ordered to continue after the child turns 20 years old. The new laws going into effect on July 1, 2024 in Georgia creates a new cause of action for support for disabled adult children and may, in some sense, extend the duration of support for children indefinitely. Specifically, a parent may be ordered to financially support his or her dependent adult children and maintain life insurance for the dependent adult children indefinitely.
The new O.C.G.A. § 19-6-15.1(a) defines "dependent adult child" as 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.
Because of the inclusion of the term "unmarried" in this statute, it appears that an adult child who would otherwise be qualified to receive support from his or her parents will not be able to if that adult child is married.
While the new laws regarding support for a dependent adult child will be a part of Chapter 6 ("Alimony and Child Support") until Title 19 of the Georgia Code, this new type of support is not the same as alimony or child support. For example, the Georgia Child Support Guidelines will not apply to support for a dependent adult child. See O.C.G.A. § 19-6-15(p) (effective July 1, 2024). Further, this new type of support was not included in the new O.C.G.A. § 19-6-15(e) ("Duration of child support responsibility").
The new version of O.C.G.A. § 19-6-9 states, in relevant part, that "…the court, exercising its equitable powers, may compel the spouse of the party to make provision for the support of the party and such minor children and any dependent adult child as defined in Code Section 19-6-15.1 and as may be in the custody of the party." (emphasis added).
Further, the new version of O.C.G.A. § 19-6-10 states, in relevant part, that "[w]hen spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party's own behalf or on the behalf of the minor children and any dependent adult child as defined in Code Section 19-6-15.1 in the party's custody, if any, may institute a proceeding by petition…." (emphasis added).
Therefore, a parent of a child who is 18 years or older and who is dependent may seek support for such child from the other spouse in a divorce or separate maintenance action. If the child is not yet 18 years old when the divorce or separate maintenance action is filed, then the parent cannot make the claim for support for a dependent adult child. Nonetheless, while the divorce or separate maintenance case is pending, the parents would be allowed to submit a written agreement on providing support for their dependent adult child if such written agreement is submitted to the court for approval before their child turns 18 years old. See O.C.G.A. § 19-6-15.1(d) (effective July 1, 2024).
Another way to seek support for a dependent adult child is to file an original action pursuant to O.C.G.A. § 19-6-15.1(b) (effective July 1, 2024). Those who have standing to bring such original action includes either parent, nonparent custodian, guardian, and the dependent adult child or his or her agent under a durable power of attorney. The original action under O.C.G.A. § 19-6-15.1(b) (effective July 1, 2024) may be filed at any time after the dependent adult child turns 17.5 years old, unless a child support order was entered prior to the child reaching the age of 18. In other words, to prevent conflicting orders, it appears that if a child support order (for support of the child during his or her minority) is already in place, then the petitioner for support for dependent adult child would need to wait until after the duration of child support obligation comes to an end to file the original action pursuant to O.C.G.A. § 19-6-15.1(b) (effective July 1, 2024).
O.C.G.A. § 19-6-15.2(a) (effective July 1, 2024) empowers the trial court, in its exercise of sound discretion, to order either or both parents to pay support for the dependent adult child, and directs the court to consider the following factors to determine the specific terms and conditions of such support:
Further, either or both parents may be ordered to maintain life insurance for the benefit of the dependent adult child.
The amount of support ordered may be modified subsequently based upon a substantial change in a parent's or child's ability to provide support. See O.C.G.A. § 19-6-15.2(b) (effective July 1, 2024).
