In Georgia, emancipation ends a parent’s duty of child support, but a minor is not emancipated just by leaving home.
What the Statutes Say
OCGA 19-6-15(e) and OCGA 19-7-2 both end the duty when the child “reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs.” Under OCGA 15-11-720, emancipation “may occur by operation of law or pursuant to a petition” filed by a child who is at least 16. It occurs by operation of law “[w]hen a child is validly married,” when the child turns 18, or “[d]uring the period when a child is on active duty with the armed forces of the United States.” Otherwise it takes a juvenile court order.
How a Minor Gets an Order
Under OCGA 15-11-725, the juvenile court issues the order only if emancipation is in the child’s best interests and the child has shown the ability to manage financial affairs, “including proof of employment or other means of support,” and personal affairs, “including, but not limited to, proof of housing.” The court appoints an attorney for the child.
What an Order Does to Support
OCGA 15-11-728(a) is direct: “The duty to provide support for a child shall continue until an emancipation order is granted.” The age-18 and age-20 rules that end support in the ordinary case are covered in our post on when child support ends.
The Older Cases
In McGregor v. McGregor, 237 Ga. 57 (1976), a 16-year-old left her mother’s home and was gone for over a year; the Georgia Supreme Court treated her as emancipated, noting that “[m]arriage, with or without the consent of the parents, emancipates the child.” In Hicks v. Fulton County Department of Family and Children Services, 155 Ga. App. 1 (1980), a minor who left her father’s home and had a baby was held not emancipated, and her father still owed support. Both decisions predate the emancipation statute, which took effect January 1, 2014.
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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!