Child Support for Dependent Adults – OCGA 19-6-15.1
As of July 1, 2024, Georgia has introduced a significant change allowing for child support for "dependent adult children." The new code section, O.C.G.A. 19-6-15.1, outlines the procedure for obtaining such support. It defines a "dependent adult child" as “an unmarried individual who has reached the age of majority and is incapable of self-support due to physical or mental incapacity that began before reaching the age of majority.”
Cases seeking this support cannot commence until the child is 17.5 years old. However, if an existing child support case involves a minor under this age, parties may agree to extend support beyond the age of majority. Unlike traditional child support, calculated using a specific formula, the amount of support for a dependent adult is based on various factors, making it somewhat similar to alimony. The statute also allows for modifications due to changes in the financial circumstances of either the adult dependent child or the obligor.
This law ensures that the needs of adult dependent children are addressed comprehensively and fairly, reflecting their ongoing requirements beyond the age of majority. If you believe your child qualifies as a dependent adult or may become one, we encourage you to consult with an attorney at Evolve to safeguard your child's financial future.
Restoration of Birth Certificate Name Following Divorce – OCGA 19-5-16
Historically, spouses who changed their names through marriage and later divorced had the option to restore their maiden names when the divorce was finalized. If a former spouse did not restore their name during the divorce and later wished to do so, the only recourse was to file a new court case for a name change, a process that could take over a month.
Recent amendments to OCGA 19-5-16 have introduced a more straightforward and faster option. A former spouse can now petition the court to restore their birth certificate name at any time after the divorce decree is entered, without involving the former spouse. This process requires filing a motion and, while a hearing may be necessary, it bypasses the publication process typically associated with name changes. This expedited procedure significantly reduces the time and costs involved. Please contact us if you wish to pursue this option.
Child Support Calculation Changes – OCGA 19-6-15
Just under the wire, Governor Kemp signed into law SB 454, which amends Georgia Child Support law. Among the many changes, the new law updates the basic support table to reflect economic changes since its original enactment. Importantly, the new law introduces a formula for calculating a parenting time adjustment. While many of these changes will take effect on July 1, 2024, the parenting time formula will be implemented in 2026.
Stay tuned to see how these changes will impact Georgia's families. For detailed information on these updates, we recommend consulting with our legal team to understand how these changes may affect your situation. The link to the law signed by the Governor can be found by searching SB 454.
For more information or to discuss any of these changes, please contact our office.
