24 HB 499/AP
House Bill 499 (AS PASSED HOUSE AND SENATE)
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 support2
and insurance policies for dependent adult children; to provide for a definition; to provide3
that legal proceedings may be brought to establish support for a dependent adult child; to4
provide for who may bring such proceedings and to specify a time frame during which such5
proceedings may be brought; to require support to be paid to the dependent adult child or6
other specified persons; to require the court to consider certain guidelines when determining7
the amount of support for a dependent adult child; to require the court to consider certain8
state and federal programs and benefits in making its decisions; to provide that dependent9
adult child support shall be modified in certain circumstances; to authorize the court to10
irrevocably assign such support to certain trusts established for the benefit of the dependent11
adult child for a specified purpose; to prohibit the court from ordering support that will cause12
ineligibility for certain programs; to provide for who may enforce such support; to provide13
for an effective date and applicability; to provide for related matters; to repeal conflicting14
laws; and for other purposes.15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
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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 19-6-15.1 and
as26
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 19-6-15.1 in the36
party's custody, if any, may institute a proceeding by petition, setting forth fully the party's37
case. Upon three days' notice to the other party, the judge may hear the same and may38
grant such order as he or she might grant were it based on a pending petition for divorce,39
to be enforced in the same manner, together with any other remedy applicable in equity,40
such as appointing a receiver and the like. Should the petition proceed to a hearing before41
a jury, the jury may render a verdict which shall provide the factual basis for equitable42
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relief as in Code Section 19-6-9. However, such proceeding shall be held in abeyance
43
when a petition for divorce is filed bona fide by either party and the judge presiding has44
made his or her
order on the motion for alimony. When so made, the order shall be a45
substitute for the aforesaid decree in equity as long as the petition is pending and is not46
finally disposed of on the merits."47
SECTION 3.48
Said article is further amended by adding a new subsection to Code Section 19-6-15, relating49
to child support guidelines for determining amount of award, continuation of duty of support,50
and duration of support, to read as follows:51
"(p) The child support guidelines provided in this Code section shall not apply to support52
for a dependent adult child as defined in Code Section 19-6-15.1."53
SECTION 4.54
Said article is further amended by adding new Code sections, to read as follows:55
"19-6-15.1.56
(a) As used in this article, the term 'dependent adult child' means an unmarried individual57
who has reached the age of majority and is incapable of self-support as a result of a58
physical or mental incapacity that began before the individual reached the age of majority.59
(b) A legal proceeding may be brought to establish support for a dependent adult child.60
Such proceeding shall be brought in accordance with Code Section 19-6-26 and may be61
brought by the following:62
(1) Either parent;63
(2) A nonparent custodian;64
(3) A guardian appointed to receive support for the dependent adult child whose benefit65
the support is ordered; or66
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(4) The dependent adult child for whose benefit the support is ordered or his or her agent67
under a durable power of attorney.68
(c) A legal proceeding initiated pursuant to this Code section may be filed at any time after69
a dependent adult child reaches 17 years and six months of age, unless an order for support70
was established during the dependent adult child's minority.71
(d) The amount of support to be paid by one or both parents shall be established in a72
separate support proceeding pursuant to subsection (b) of this Code section; provided,73
however, that if a court has jurisdiction over the parties for an issue of support, the parents74
of an adult dependent child may agree in writing to provide for dependent adult child75
support in an existing case provided that such agreement is submitted to the court for76
approval before such child reaches 18 years of age.77
(e) Support ordered after a dependent adult child reaches 18 years of age shall be paid only78
to the dependent adult child or his or her court appointed guardian advocate, guardian, or79
agent under a durable power of attorney; provided, however, that the court, in the exercise80
of its sound discretion, may irrevocably assign the support to a special needs trust81
established pursuant to 42 U.S.C. Section 1396p(d)(4)(A) or 1396p(d)(4)(C) for the benefit82
of the dependent adult child by the dependent adult child, his or her agent under a durable83
power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate84
who has been delegated those rights in order to maintain the dependent adult child's85
means-based government benefits. The court shall not order support for a dependent adult86
child to be paid to the family support registry established pursuant to Code87
Section 19-6-33.1.88
19-6-15.2.89
(a) Pursuant to a support proceeding initiated pursuant to Code Section 19-6-15.1, the90
court, in the exercise of its sound discretion, may direct either or both parents to provide91
financial assistance in the form of support to a dependent adult child. In determining the92
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amount of support to be paid to a dependent adult child, the specific terms and conditions93
of such support, and the rights and duties of both parents with respect to such support, the94
court shall determine and consider the following:95
(1) The dependent adult child's income and assets;96
(2) Any existing and future needs of the dependent adult child which are directly related97
to his or her mental or physical incapacity and the substantial care and personal98
supervision directly required by or related to that incapacity;99
(3) Whether a parent or other person pays for, or will pay for, the care or supervision of100
the dependent adult child or provides, or will provide, substantial care or personal101
supervision to the dependent adult child himself or herself;102
(4) The financial resources available to each parent for the support, care, and supervision103
of the dependent adult child;104
(5) Any other resources, financial or otherwise, or programs available for the support,105
care, and supervision of the dependent adult child;106
(6) Any state or federal programs and benefits that the dependent adult child is receiving107
or may receive due to reaching the age of majority; and108
(7) The effect that the court-ordered support would have on the dependent adult child's109
eligibility for such programs and benefits.110
(b) The obligation for support of a dependent adult child pursuant to subsection (a) of this111
Code section shall be modified for either party if the trier of fact determines, in the exercise112
of its sound discretion, that there has been a substantial change in such parent's or child's113
ability to provide support as provided by this Code section.114
(c) The court, in the exercise of its sound discretion, may irrevocably assign support for115
a dependent adult child to a special needs trust established pursuant to 42 U.S.C. Section116
1396p(d)(4)(A) or 1396p(d)(4)(C) for the benefit of the dependent adult child by the117
dependent adult child, his or her agent under a durable power of attorney, the court, a118
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parent or grandparent, a guardian, or a guardian advocate who has been delegated those119
rights in order to maintain the dependent adult child's means-based government benefits.120
(d) The support provided pursuant to this Code section shall be in addition to and not in121
lieu of the benefits or assistance a dependent adult child may receive from a source other122
than his or her parents. No duty created pursuant to Code Section 19-6-15.1 nor any other123
provisions of this Code section shall impact the eligibility of a dependent adult child to124
receive the maximum benefits provided by any federal, state, local, and other governmental125
and public agencies.126
(e) The provisions for support provided in this Code section may be enforced by either127
parent, by any nonparent custodian, by a guardian appointed to receive support for the128
dependent adult child for whose benefit the support is ordered, or by the dependent adult129
child for whose benefit the support is ordered."130
SECTION 5.131
Said article is further amended by revising subsection (d) of Code Section 19-6-34, relating132
to inclusion of life insurance in order of support, as follows:133
"(d)(1) The trier of fact, in the exercise of sound discretion, may direct either or both134
parents to maintain life insurance for the benefit of a child who has not previously135
married or become emancipated, who is enrolled in and attending a secondary school, and136
who has attained the age of majority before completing his or her secondary school137
education, provided that maintenance of such life insurance for the benefit of the child138
shall not be required after a child attains 20 years of age.139
(2) The trier of fact, in the exercise of its sound discretion, may direct either or both140
parents to maintain life insurance for the benefit of a dependent adult child as defined in141
Code Section 19-6-15.1."142
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SECTION 6.
143
This Act shall become effective July 1, 2024, and shall apply to all causes of action accruing144
on or after such date.145
SECTION 7.146
All laws and parts of laws in conflict with this Act are repealed.147
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