In Georgia, child support normally ends when your child turns 18, but a judge can extend it to age 20 while the child finishes high school.
What the Statute Says
Under OCGA 19-6-15(e), the duty to support a child continues “until the child reaches the age of majority,” which in Georgia is 18. OCGA 39-1-1(a). The same subsection lets a court continue support for a child “enrolled in and attending a secondary school” who turned 18 before finishing, but not “after a child attains 20 years of age.”
Support Past 18 Is Not Automatic
In Scott-Lasley v. Lasley, 278 Ga. 671 (2004), a mother argued that a court must always extend support for a child still in high school. The Georgia Supreme Court disagreed, holding that “the decision whether to include such an award is discretionary with the trier of fact.” So ask for it while your case is open.
What Counts as Still Being in School
In Draughn v. Draughn, 288 Ga. 734 (2011), the Georgia Supreme Court held that “reaching majority while still engaged in secondary education is the factor that triggers” the extension.
Similarly, in Bullard v. Swafford, 279 Ga. 577 (2005), a son turned 18 three months before graduation and fell short on credits because of absences and tardiness. His father stopped paying the day after the scheduled graduation date. The Court reversed, holding that the absences and lateness “did not transform either his enrollment or his attendance into anything less than full-time.”
Age 20 Is the Ceiling
In Francis-Rolle v. Harvey, 309 Ga. App. 491 (2011), a court ordered support until the child turned 18 or graduated, “whichever occurs last.” Even though extending support past 18 was not an abuse of discretion, the Court of Appeals reversed the order to the extent it reached past age 20.
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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!