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At what age does child support end in the state of Georgia even if the child is enrolled in college?

Marietta, GA |

I've been paying child support up until January 16 when my child turned 20. She's been enrolled in college since the fall 2010, the year she graduated from high school. However, even though she's been enrolled, she's not attend full time yet. Am I obligated to pay still?

Attorney Answers 4

Posted

This depends on what your divorce decree / settlement agreement requires. If you had a settlement agreement, you may very well have agreed to pay for longer than the law requires. Is this binding on you if you agreed to do this? Yes!

If you did not have a settlement agreement or if you did not agree to pay for longer than the law requires, then the most the law can require you to pay is until the child turns 18, unless the child is still in high school at the time he or she turns 18. In this event, the judge has the discretion to (and often does) extend child support until the child graduates from high school or turns 20, whichever occurs first.

Based on the information you gave (which is incomplete), it appears that you may have overpaid. However, you need to speak with an attorney who can look over your divorce decree to know for sure.

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Posted

The general rule in Georgia is that child support terminates when the child reaches age 18, or, if they are enrolled full time in high school, when they reach age 20. However, individual child support orders may contain different language regarding when support terminates.

To find out when your obligation ceases, you need to review your child support order.

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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Posted

Please check with an attorney. Child support ends at 18 or graduation from college (unless you agreed to extend it further) and 20 and in college would not ordinarily be a situation where child support would be required. Good luck!

The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.

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Posted

You will need to check the terms of your child support order or divorce agreement to be absolutely sure what you're obligation to your daughter is. However, generally there is no obligation to pay support for a child who has turned 18 or graduated from high school, which ever occurs last (but only up to age 20 if the child is still enrolled full-time in high school) Georgia courts have no authority to award child support for college aged children; however, if the parties on their own agree to it, then the obligation is enforceable.

You need to check your court order or agreement immediately and see what it says about when your child support obligation ends. You also may want to speak to an attorney for additional advice.

Nothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues.

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