Georgia’s child support guidelines do not reach college. A court cannot order a parent to pay for it unless that parent agreed to.
What the Statute Says
Under OCGA 19-6-15(e), the duty to support a minor child continues “until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs.” The one extension a court may order is for a child still “enrolled in and attending a secondary school,” and never past age 20. OCGA 19-6-15(c)(2) adds that the guidelines “shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent authorized by subsection (e).”
Awards for College Have Been Struck
In Wood v. Wood, 257 Ga. 598 (1987), a jury continued support past 18 for as long as the son attended college or vocational school, up to age 23. The Georgia Supreme Court struck it: “there is nothing in the law that requires parents to support their children who have reached majority even though they may not be emancipated and may be in school.” Similarly, in Marshall v. Marshall, 262 Ga. 443 (1992), the decree required the father to deposit a fixed sum to be paid to his daughter at 18, which the Court read as an attempt to fund her college education. It reversed: “[n]either a judge nor jury may require a parent to provide child support beyond the age of majority.”
What the Guidelines Do Reach
Education during minority is different. Wood confirms that a court “has the jurisdiction to include in a divorce decree provisions for education, including college, during minority,” and the deviation for extraordinary educational expenses in OCGA 19-6-15(i)(2)(I) covers “special needs education or private elementary and secondary schooling.” Parents may also agree to pay college costs, and courts enforce those promises even after the child turns 18, as our settlement agreement posts explain.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!