2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 6 - ALIMONY AND CHILD SUPPORT GENERALLY (§§ 19-6-1 — 19-6-53) › Section 19-6-15.2 - [Support for dependent adult child]

(a)
Pursuant to a support proceeding initiated pursuant to Code Section 19-6-15.1, the court, in the exercise of its sound discretion, may direct either or both parents to provide financial assistance in the form of support to a dependent adult child. In determining the amount of support to be paid to a dependent adult child, the specific terms and conditions of such support, and the rights and duties of both parents with respect to such support, the court shall determine and consider the following:
(1)
The dependent adult child's income and assets;
(2)
Any existing and future needs of the dependent adult child which are directly related to his or her mental or physical incapacity and the substantial care and personal supervision directly required by or related to that incapacity;
(3)
Whether a parent or other person pays for, or will pay for, the care or supervision of the dependent adult child or provides, or will provide, substantial care or personal supervision to the dependent adult child himself or herself;
(4)
The financial resources available to each parent for the support, care, and supervision of the dependent adult child;
(5)
Any other resources, financial or otherwise, or programs available for the support, care, and supervision of the dependent adult child;
(6)
Any state or federal programs and benefits that the dependent adult child is receiving or may receive due to reaching the age of majority; and
(7)
The effect that the court-ordered support would have on the dependent adult child's eligibility for such programs and benefits.
(b)
The obligation for support of a dependent adult child pursuant to subsection (a) of this Code section shall be modified for either party if the trier of fact determines, in the exercise of its sound discretion, that there has been a substantial change in such parent's or child's ability to provide support as provided by this Code section.
(c)
The court, in the exercise of its sound discretion, may irrevocably assign support for a dependent adult child to a special needs trust established pursuant to
42 U.S.C. Section 1396p(d)(4)(A)
or
1396p(d)(4)(C)
for the benefit of the dependent adult child by the dependent adult child, his or her agent under a durable power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has been delegated those rights in order to maintain the dependent adult child's means-based government benefits.
(d)
The support provided pursuant to this Code section shall be in addition to and not in lieu of the benefits or assistance a dependent adult child may receive from a source other than his or her parents. No duty created pursuant to Code Section 19-6-15.1 nor any other provisions of this Code section shall impact the eligibility of a dependent adult child to receive the maximum benefits provided by any federal, state, local, and other governmental and public agencies.
(e)
The provisions for support provided in this Code section may be enforced by either parent, by any nonparent custodian, by a guardian appointed to receive support for the dependent adult child for whose benefit the support is ordered, or by the dependent adult child for whose benefit the support is ordered.
Added by 2024 Ga. Laws 479,§ 4, eff. 7/1/2024, app. to all causes of action accruing on or after 7/1/2024.