Georgia 2023-2024 Regular Session

Georgia House Bill HB499 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 HB 499/AP
2		-	House Bill 499 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Hitchens of the 161
4		-	st
5		-	, Dempsey of the 13
6		-	th
7		-	, Smith of the 70
8		-	th
9		-	, Stephens
10		-	of the 164
11		-	th
12		-	, and Ballinger of the 23
13		-	rd
14		-
	1	+	24 LC 57 0117S
	2	+	The Senate Committee on Children and Families offered the following
	3	+	substitute to HB 499:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Article 1 of Chapter 6 of Title 19 of the Official Code of Georgia Annotated,
18		-	1
	6	+	To amend Article 1 of Chapter 6 of Title 19 of the Official Code of Georgia Annotated,1
19	7		relating to general provisions regarding alimony and child support, so as to authorize support2
20	8		and insurance policies for dependent adult children; to provide for a definition; to provide3
21	9		that legal proceedings may be brought to establish support for a dependent adult child; to4
22	10		provide for who may bring such proceedings and to specify a time frame during which such5
23	11		proceedings may be brought; to require support to be paid to the dependent adult child or6
24	12		other specified persons; to require the court to consider certain guidelines when determining7
25	13		the amount of support for a dependent adult child; to require the court to consider certain8
26	14		state and federal programs and benefits in making its decisions; to provide that dependent9
27	15		adult child support shall be modified in certain circumstances; to authorize the court to10
28	16		irrevocably assign such support to certain trusts established for the benefit of the dependent11
29	17		adult child for a specified purpose; to prohibit the court from ordering support that will cause12
30	18		ineligibility for certain programs; to provide for who may enforce such support; to provide13
31	19		for an effective date and applicability; to provide for related matters; to repeal conflicting14
32	20		laws; and for other purposes.15
33	21		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16
34		-	H. B. 499
35		-	- 1 - 24 HB 499/AP
36		-	SECTION 1.
37		-	17
	22	+	- 1 - 24 LC 57 0117S
	23	+	SECTION 1.17
38	24		Article 1 of Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to18
39	25		general provisions regarding alimony and child support, is amended by revising Code19
40	26		Section 19-6-9, relating to voluntary separation, abandonment, or driving off of spouse as it20
41	27		relates to equity compelling support, as follows:21
42	28		"19-6-9.22
43	29		Absent the making of a voluntary contract or other agreement, as provided in Code23
44	30		Section 19-6-8, and on the application of a party, the court, exercising its equitable powers,24
45	31		may compel the spouse of the party to make provision for the support of the party and such25
46		-	minor children and any dependent adult child as defined in Code Section 19-6-15.1 and
47		-	as26
	32	+	minor children and any dependent adult child as defined in Code Section 19-6-15.1 and as26
48	33		may be in the custody of the party."27
49	34		SECTION 2.28
50	35		Said article is further amended by revising Code Section 19-6-10, relating to voluntary29
51	36		separation, abandonment, or driving off of spouse as it relates to a petition for alimony or30
52	37		child support when no divorce pending, order and enforcement, equitable remedies, and31
53	38		effect of filing for divorce, as follows:32
54	39		"19-6-10.33
55	40		When spouses are living separately or in a bona fide state of separation and there is no34
56	41		action for divorce pending, either party, on the party's own behalf or on the behalf of the35
57	42		minor children and any dependent adult child as defined in Code Section 19-6-15.1 in the36
58	43		party's custody, if any, may institute a proceeding by petition, setting forth fully the party's37
59	44		case. Upon three days' notice to the other party, the judge may hear the same and may38
60	45		grant such order as he or she might grant were it based on a pending petition for divorce,39
61	46		to be enforced in the same manner, together with any other remedy applicable in equity,40
62	47		such as appointing a receiver and the like. Should the petition proceed to a hearing before41
63	48		a jury, the jury may render a verdict which shall provide the factual basis for equitable42
64		-	H. B. 499
65		-	- 2 - 24 HB 499/AP
66		-	relief as in Code Section 19-6-9. However, such proceeding shall be held in abeyance
67		-	43
	49	+	- 2 - 24 LC 57 0117S
	50	+	relief as in Code Section 19-6-9. However, such proceeding shall be held in abeyance43
68	51		when a petition for divorce is filed bona fide by either party and the judge presiding has44
69		-	made his or her
70		-	order on the motion for alimony. When so made, the order shall be a45
	52	+	made his or her order on the motion for alimony. When so made, the order shall be a45
71	53		substitute for the aforesaid decree in equity as long as the petition is pending and is not46
72	54		finally disposed of on the merits."47
73	55		SECTION 3.48
74	56		Said article is further amended by adding a new subsection to Code Section 19-6-15, relating49
75	57		to child support guidelines for determining amount of award, continuation of duty of support,50
76	58		and duration of support, to read as follows:51
77	59		"(p) The child support guidelines provided in this Code section shall not apply to support52
78	60		for a dependent adult child as defined in Code Section 19-6-15.1."53
79	61		SECTION 4.54
80	62		Said article is further amended by adding new Code sections, to read as follows:55
81	63		"19-6-15.1.56
82	64		(a) As used in this article, the term 'dependent adult child' means an unmarried individual57
83	65		who has reached the age of majority and is incapable of self-support as a result of a58
84	66		physical or mental incapacity that began before the individual reached the age of majority.59
85	67		(b) A legal proceeding may be brought to establish support for a dependent adult child.60
86	68		Such proceeding shall be brought in accordance with Code Section 19-6-26 and may be61
87	69		brought by the following:62
88	70		(1) Either parent;63
89	71		(2) A nonparent custodian;64
90	72		(3) A guardian appointed to receive support for the dependent adult child whose benefit65
91	73		the support is ordered; or66
92		-	H. B. 499
93		-	- 3 - 24 HB 499/AP
	74	+	- 3 - 24 LC 57 0117S
94	75		(4) The dependent adult child for whose benefit the support is ordered or his or her agent67
95	76		under a durable power of attorney.68
96	77		(c) A legal proceeding initiated pursuant to this Code section may be filed at any time after69
97	78		a dependent adult child reaches 17 years and six months of age, unless an order for support70
98	79		was established during the dependent adult child's minority.71
99	80		(d) The amount of support to be paid by one or both parents shall be established in a72
100	81		separate support proceeding pursuant to subsection (b) of this Code section; provided,73
101	82		however, that if a court has jurisdiction over the parties for an issue of support, the parents74
102	83		of an adult dependent child may agree in writing to provide for dependent adult child75
103	84		support in an existing case provided that such agreement is submitted to the court for76
104	85		approval before such child reaches 18 years of age.77
105	86		(e) Support ordered after a dependent adult child reaches 18 years of age shall be paid only78
106	87		to the dependent adult child or his or her court appointed guardian advocate, guardian, or79
107	88		agent under a durable power of attorney; provided, however, that the court, in the exercise80
108	89		of its sound discretion, may irrevocably assign the support to a special needs trust81
109	90		established pursuant to 42 U.S.C. Section 1396p(d)(4)(A) or 1396p(d)(4)(C) for the benefit82
110	91		of the dependent adult child by the dependent adult child, his or her agent under a durable83
111	92		power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate84
112	93		who has been delegated those rights in order to maintain the dependent adult child's85
113	94		means-based government benefits. The court shall not order support for a dependent adult86
114	95		child to be paid to the family support registry established pursuant to Code87
115	96		Section 19-6-33.1.88
116	97		19-6-15.2.89
117	98		(a) Pursuant to a support proceeding initiated pursuant to Code Section 19-6-15.1, the90
118	99		court, in the exercise of its sound discretion, may direct either or both parents to provide91
119	100		financial assistance in the form of support to a dependent adult child. In determining the92
120		-	H. B. 499
121		-	- 4 - 24 HB 499/AP
	101	+	- 4 - 24 LC 57 0117S
122	102		amount of support to be paid to a dependent adult child, the specific terms and conditions93
123	103		of such support, and the rights and duties of both parents with respect to such support, the94
124	104		court shall determine and consider the following:95
125	105		(1) The dependent adult child's income and assets;96
126	106		(2) Any existing and future needs of the dependent adult child which are directly related97
127	107		to his or her mental or physical incapacity and the substantial care and personal98
128	108		supervision directly required by or related to that incapacity;99
129	109		(3) Whether a parent or other person pays for, or will pay for, the care or supervision of100
130	110		the dependent adult child or provides, or will provide, substantial care or personal101
131	111		supervision to the dependent adult child himself or herself;102
132	112		(4) The financial resources available to each parent for the support, care, and supervision103
133	113		of the dependent adult child;104
134	114		(5) Any other resources, financial or otherwise, or programs available for the support,105
135	115		care, and supervision of the dependent adult child;106
136	116		(6) Any state or federal programs and benefits that the dependent adult child is receiving107
137	117		or may receive due to reaching the age of majority; and108
138	118		(7) The effect that the court-ordered support would have on the dependent adult child's109
139	119		eligibility for such programs and benefits.110
140	120		(b) The obligation for support of a dependent adult child pursuant to subsection (a) of this111
141	121		Code section shall be modified for either party if the trier of fact determines, in the exercise112
142	122		of its sound discretion, that there has been a substantial change in such parent's or child's113
143	123		ability to provide support as provided by this Code section.114
144	124		(c) The court, in the exercise of its sound discretion, may irrevocably assign support for115
145	125		a dependent adult child to a special needs trust established pursuant to 42 U.S.C. Section116
146	126		1396p(d)(4)(A) or 1396p(d)(4)(C) for the benefit of the dependent adult child by the117
147	127		dependent adult child, his or her agent under a durable power of attorney, the court, a118
148		-	H. B. 499
149		-	- 5 - 24 HB 499/AP
	128	+	- 5 - 24 LC 57 0117S
150	129		parent or grandparent, a guardian, or a guardian advocate who has been delegated those119
151	130		rights in order to maintain the dependent adult child's means-based government benefits.120
152	131		(d) The support provided pursuant to this Code section shall be in addition to and not in121
153	132		lieu of the benefits or assistance a dependent adult child may receive from a source other122
154	133		than his or her parents. No duty created pursuant to Code Section 19-6-15.1 nor any other123
155	134		provisions of this Code section shall impact the eligibility of a dependent adult child to124
156	135		receive the maximum benefits provided by any federal, state, local, and other governmental125
157	136		and public agencies.126
158	137		(e) The provisions for support provided in this Code section may be enforced by either127
159	138		parent, by any nonparent custodian, by a guardian appointed to receive support for the128
160	139		dependent adult child for whose benefit the support is ordered, or by the dependent adult129
161	140		child for whose benefit the support is ordered."130
162	141		SECTION 5.131
163	142		Said article is further amended by revising subsection (d) of Code Section 19-6-34, relating132
164	143		to inclusion of life insurance in order of support, as follows:133
165	144		"(d)(1) The trier of fact, in the exercise of sound discretion, may direct either or both134
166	145		parents to maintain life insurance for the benefit of a child who has not previously135
167	146		married or become emancipated, who is enrolled in and attending a secondary school, and136
168	147		who has attained the age of majority before completing his or her secondary school137
169	148		education, provided that maintenance of such life insurance for the benefit of the child138
170	149		shall not be required after a child attains 20 years of age.139
171	150		(2) The trier of fact, in the exercise of its sound discretion, may direct either or both140
172	151		parents to maintain life insurance for the benefit of a dependent adult child as defined in141
173	152		Code Section 19-6-15.1."142
174		-	H. B. 499
175		-	- 6 - 24 HB 499/AP
176		-	SECTION 6.
177		-	143
	153	+	- 6 - 24 LC 57 0117S
	154	+	SECTION 6.143
178	155		This Act shall become effective July 1, 2024, and shall apply to all causes of action accruing144
179	156		on or after such date.145
180	157		SECTION 7.146
181	158		All laws and parts of laws in conflict with this Act are repealed.147
182		-	H. B. 499
183	159		- 7 -