English
EspañolBasic information about child support in Georgia.
Who can get child support?
You can seek a child support order for any and all children you are legally responsible for, who live with you, and who you are actually supporting.1
If you are the child’s mother who is seeking support, and you are unmarried to the child’s father, you will first have to establish a legal relationship between the child and the father, which is called paternity. If you are married, paternity is automatically established once the child is born.
Child support can be filed for as part of a divorce action, a separation action, a custody action, or a paternity action. You can also receive a temporary child support order as part of a protective order for family abuse. See What protections can I get in a family violence protective order? for more information.
1 O.C.G.A. § 19-6-15(a)(20)
How long does child support last?
Generally, a child support obligation will continue until the child reaches the age of 18. However, if the child is a full-time student and not married or emancipated, the order can be extended until the child reaches 20 or graduates, whichever comes first.1
A child who is over 18 but cannot support him or herself due to a physical or mental disability may qualify for continuing child support as a dependent adult child.2 The law specifies that this support would be in addition to, not a replacement for, benefits and assistance that the child qualifies for from other sources.3 After the child turns 17 years and six months old, a petition for this type of ongoing support may be filed by:
- either parent;
- the child;
- a custodian or guardian for the child; or
- the child’s agent who has a “durable power of attorney.”4
It is also possible to agree to this type of continuing support in a child support case that is filed when the child is younger. If you wish to do this for your child, you and the other parent must put your agreement in writing and submit it to the judge for approval before your child turns 18.5 Support for a dependent adult child must be paid to the child directly or to his/her court-appointed guardian advocate, guardian, or agent with a durable power of attorney. If a special needs trust has been established for the child, the support can also be paid into that trust.6
1 O.C.G.A. § 19-6-15(e)
2 O.C.G.A. § 19-6-15.1(a)
3 O.C.G.A. § 19-6-15.2(d)
4 O.C.G.A. § 19-6-15.1(b)
5 O.C.G.A. § 19-6-15.1(d)
6 O.C.G.A. § 19-6-15.1(e)
How much child support will I get?
The amount of the child support payments will depend on many factors, such as the number of children you have, both parents’ income, etc. The judge will use specific Georgia child support guidelines as a guide to figure out the amount. To look at the guidelines, you can go to the Judicial Council of Georgia website. However, it is possible that the judge could stray from the guidelines if using them would be unfair or inappropriate in a particular case.1
As part of the child support order, the judge can also order that either parent provide health care coverage if it is available at a reasonable cost.2 A judge can also order that the parents reimburse one another for uninsured medical costs based on their percentage of the support amount.3
For more information on how to get your child support order enforced, visit the Georgia Division of Child Support Services website.
1 O.C.G.A. § 19-6-15(b)(7)
2 O.C.G.A. § 19-6-15(c)(2)(D)
3 O.C.G.A. § 19-6-15(b)(11)
