A Georgia court can order a parent to carry life insurance for the children as part of a child support order, with or without that parent’s agreement.
What the Statute Says
Under OCGA 19-6-34(a), in any child support case “the court may include in the order of support provision for life insurance on the life of either parent or the lives of both parents for the benefit of the minor children,” and may order either or both to obtain and maintain it. The premium may be a deviation, covered in its own post. OCGA 19-6-34(b).
The Old Rule Is Gone
Before the statute, in Clavin v. Clavin, 238 Ga. 421 (1977), a $25,000 policy requirement was struck because a father “is not required by law to create an estate for his minor children.” OCGA 19-6-34 was enacted in 1995, and Simmons v. Simmons, 288 Ga. 670 (2011), holds that a court may now require insurance without the parent’s consent; Jarvis v. Jarvis, 291 Ga. 818 (2012), says Clavin has “effectively been overruled.”
How Much, and for How Long
The amount is discretionary. In Simmons, $150,000 payable to a trust for one child was upheld although it exceeded the father’s remaining support, because the statute “does not limit the value of any such insurance to the future child support obligation.”
Coverage ends with the duty. Under OCGA 19-6-34(c), an order “shall not require maintenance of life insurance for a child’s benefit after the child reaches the age of majority,” except for a child still in high school, up to age 20, or a dependent adult child. OCGA 19-6-34(d). Naming a child already grown was error in Mongerson v. Mongerson, 285 Ga. 554 (2009).
If the Parent Dies
In Jarvis, the decree made the father’s estate keep paying support until the insurance was paid, and the Supreme Court found no authority against it. Agreements to keep insurance, and lapsed policies, are covered in our settlement agreement posts.
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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!