24 LC 39 4282S
House Bill 499 (COMMITTEE SUBSTITUTE)
By: Representatives Hitchens of the 161
st
, Dempsey of the 13
th
, Smith of the 70
th
, Stephens
of the 164
th
, and Ballinger of the 23
rd
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 6 of Title 19 of the Official Code of Georgia Annotated,
1
relating to general provisions regarding alimony and child support, so as to authorize child2
support and insurance policies for dependent adult children who have attained the age of3
majority; to provide for a definition; to require the court to consider certain factors when4
determining the amount of support for a dependent adult child; to require the court to5
consider certain state and federal programs and benefits in making its decisions; to provide6
that post-majority child support must be modified in certain circumstances; to authorize the7
court to irrevocably assign such support to certain trusts established for the benefit of the8
dependent adult child for a specified purpose; to prohibit the court from ordering support that9
will cause ineligibility for certain programs; to provide for who may enforce such support;10
to provide that legal proceedings may be brought to establish support for a dependent adult11
child; to provide for who may bring such proceedings and to specify a time frame during12
which such proceedings may be brought; to require support to be paid to the dependent adult13
child or other specified persons; to provide for an effective date and applicability; to provide14
for related matters; to repeal conflicting laws; and for other purposes.15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
H. B. 499 (SUB)
- 1 - 24 LC 39 4282S
SECTION 1.
17
Article 1 of Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to18
general provisions regarding alimony and child support, is amended by revising Code19
Section 19-6-9, relating to voluntary separation, abandonment, or driving off of spouse as it20
relates to equity compelling support, as follows:21
"19-6-9.22
Absent the making of a voluntary contract or other agreement, as provided in Code23
Section 19-6-8, and on the application of a party, the court, exercising its equitable powers,24
may compel the spouse of the party to make provision for the support of the party and such25
minor children and any dependent adult child as defined in Code Section 19-6-15 who has
26
attained the age of majority and as may be in the custody of the party."27
SECTION 2.28
Said article is further amended by revising Code Section 19-6-10, relating to voluntary29
separation, abandonment, or driving off of spouse as it relates to a petition for alimony or30
child support when no divorce pending, order and enforcement, equitable remedies, and31
effect of filing for divorce, as follows:32
"19-6-10.33
When spouses are living separately or in a bona fide state of separation and there is no34
action for divorce pending, either party, on the party's own behalf or on the behalf of the35
minor children and any dependent adult child as defined in Code Section 19-6-15 who has36
attained the age of majority in the party's custody, if any, may institute a proceeding by37
petition, setting forth fully the party's case. Upon three days' notice to the other party, the38
judge may hear the same and may grant such order as he or she might grant were it based39
on a pending petition for divorce, to be enforced in the same manner, together with any40
other remedy applicable in equity, such as appointing a receiver and the like. Should the41
petition proceed to a hearing before a jury, the jury may render a verdict which shall42
H. B. 499 (SUB)
- 2 - 24 LC 39 4282S
provide the factual basis for equitable relief as in Code Section 19-6-9. However, such
43
proceeding shall be held in abeyance when a petition for divorce is filed bona fide by either44
party and the judge presiding has made his or her
order on the motion for alimony. When45
so made, the order shall be a substitute for the aforesaid decree in equity as long as the46
petition is pending and is not finally disposed of on the merits."47
SECTION 3.48
Said article is further amended by adding a new paragraph to subsection (a) and revising49
subsection (e) of Code Section 19-6-15, relating to child support guidelines for determining50
amount of award, continuation of duty of support, and duration of support, as follows:51
"(9.1) 'Dependent adult child' means an unmarried adult who is incapable of self-support52
as a result of a physical or mental incapacity that began before the person reached the age53
of majority."54
"(e) Duration of child support responsibility.55
(1) Except as otherwise provided in paragraph (2) of this subsection, the The duty to56
provide support for a minor child shall continue until the child reaches the age of57
majority, dies, marries, or becomes emancipated, whichever first occurs; provided,58
however, that, in any temporary, final, or modified order for child support with respect59
to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on60
or after July 1, 1992, the court, in the exercise of sound discretion, may direct either or61
both parents to provide financial assistance to a child who has not previously married or62
become emancipated, who is enrolled in and attending a secondary school, and who has63
attained the age of majority before completing his or her secondary school education,64
provided that such financial assistance shall not be required after a child attains 20 years65
of age. The provisions for child support provided in this subsection paragraph may be66
enforced by either parent, by any nonparent custodian, by a guardian appointed to receive67
H. B. 499 (SUB)
- 3 - 24 LC 39 4282S
child support for the child for whose benefit the child support is ordered, or by the child
68
for whose benefit the child support is ordered.69
(2)(A) The court, in the exercise of sound discretion, may direct either or both parents
70
to provide financial assistance to a dependent adult child who has attained the age of71
majority. In determining the amount of support to be paid after a dependent adult child72
has attained the age of majority, the specific terms and conditions of such support, and73
the rights and duties of both parents with respect to such support, the court shall74
determine and consider the following:75
(i) The dependent adult child's income and assets;76
(ii) Any existing and future needs of the dependent adult child which are directly77
related to his or her mental or physical incapacity and the substantial care and78
personal supervision directly required by or related to that incapacity;79
(iii) Whether a parent or other person pays for, or will pay for, the care or supervision80
of the dependent adult child or provides, or will provide, substantial care or personal81
supervision to the dependent adult child himself or herself;82
(iv) The financial resources available to each parent for the support, care, and83
supervision of the dependent adult child;84
(v) Any other resources, financial or otherwise, or programs available for the support,85
care, and supervision of the dependent adult child;86
(vi) Any state or federal programs and benefits that the dependent adult child is87
receiving or may receive due to reaching the age of majority; and88
(vii) The effect that the court-ordered support would have on the dependent adult89
child's eligibility for such programs and benefits.90
(B) The obligation for child support of a dependent adult child under this paragraph91
shall be modified for either party if the trier of fact determines, in the exercise of its92
sound discretion, that there has been a substantial change in such parent's or child's93
ability to provide support as provided by this paragraph.94
H. B. 499 (SUB)
- 4 - 24 LC 39 4282S
(C) The court, in the exercise of sound discretion, may irrevocably assign the support95
to a special needs trust established pursuant to 42 U.S.C. Section 1396p(d)(4)(A) or96
1396p(d)(4)(C) and for the benefit of the dependent adult child by the dependent adult97
child, his or her agent under a durable power of attorney, the court, a parent or98
grandparent, a guardian, or a guardian advocate who has been delegated those rights in99
order to maintain the dependent adult child's means-based government benefits.100
(D) The child support provided pursuant to this paragraph shall be in addition to and101
not in lieu of the benefits or assistance a child may receive from a source other than his102
or her parents. No duty created pursuant to this paragraph nor any other provisions of103
this subsection shall impact the eligibility of a dependent adult child to receive the104
maximum benefits provided by any federal, state, local, and other governmental and105
public agencies.106
(E) The provisions for child support provided in this paragraph may be enforced by107
either parent, by any nonparent custodian, by a guardian appointed to receive child108
support for the child for whose benefit the child support is ordered, or by the dependent109
adult child for whose benefit the child support is ordered."110
SECTION 4.111
Said article is further amended by revising subsection (d) of Code Section 19-6-34, relating112
to inclusion of life insurance in order of support, as follows:113
"(d)(1) The trier of fact, in the exercise of sound discretion, may direct either or both114
parents to maintain life insurance for the benefit of a child who has not previously115
married or become emancipated, who is enrolled in and attending a secondary school, and116
who has attained the age of majority before completing his or her secondary school117
education, provided that maintenance of such life insurance for the benefit of the child118
shall not be required after a child attains 20 years of age.119
H. B. 499 (SUB)
- 5 - 24 LC 39 4282S
(2) The trier of fact, in the exercise of sound discretion, may direct either or both parents120
to maintain life insurance for the benefit of a dependent adult child as defined in Code121
Section 19-6-15."122
SECTION 5.123
Said article is further amended by adding a new Code section to read as follows:124
"19-6-37.125
(a) Notwithstanding any other provision of law, a legal proceeding may be brought to126
establish child support for a dependent adult child as defined in Code Section 19-6-15 and127
in accordance with Code Sections 19-6-15 and 19-6-26. Such proceeding may be brought128
by the following:129
(1) Either parent;130
(2) A nonparent custodian;131
(3) A guardian appointed to receive child support for the child whose benefit the child132
support is ordered; or133
(4) The dependent adult child for whose benefit the child support is ordered or his or her134
agent under a durable power of attorney.135
(b) A legal proceeding initiated pursuant to subsection (a) of this Code section may be136
filed at any time after such dependent adult child reaches 17 years and six months of age,137
unless such an order is already in place having been established during the child's minority.138
(c) If a court has jurisdiction over the parties because of an issue of child support, the139
parents may agree in writing to provide for dependent adult child support in the existing140
case provided that such agreement is submitted to the court for approval before such child141
reaches 18 years of age. Otherwise, the amount of support to be paid by one or both142
parents shall be established in a separate support proceeding pursuant to subsection (b) of143
this Code section.144
H. B. 499 (SUB)
- 6 - 24 LC 39 4282S
(d) Support ordered after the dependent adult child reaches 18 years of age shall be paid145
only to himself or herself or his or her court appointed guardian advocate, guardian, or146
agent under a durable power of attorney; provided, however, that the court, in the exercise147
of sound discretion, may irrevocably assign the support to a special needs trust established148
pursuant to 42 U.S.C. Section 1396p(d)(4)(A) or 1396p(d)(4)(C) and for the benefit of the149
dependent adult child by the dependent adult child, his or her agent under a durable power150
of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has151
been delegated those rights in order to maintain the dependent adult child's means-based152
government benefits."153
SECTION 6.154
This Act shall become effective July 1, 2024, and shall apply to all causes of action accruing155
on or after such date.156
SECTION 7.157
All laws and parts of laws in conflict with this Act are repealed.158
H. B. 499 (SUB)
- 7 -