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§ 19-6-15.2.Determination of support for dependent adult children

Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 2024 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-6-15.2 tells a Georgia court how to decide whether and how much a parent must pay to support a dependent adult child, listing seven factors it must weigh and protecting the child’s eligibility for government benefits.

Full Text of § 19-6-15.2

Text sizeJump to: (a) (b) (c) (d) (e)

(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.
End

Plain-English Summary

This section works with § 19-6-15.1, which defines a dependent adult child and says who may file. Once a case is filed, the court “may” order either or both parents to provide support. The decision is discretionary, but in setting the amount and terms the court “shall” determine and consider seven things: the adult child’s own income and assets; needs tied directly to the incapacity, including the substantial care and personal supervision it requires; whether a parent or someone else pays for that care or provides it in person; each parent’s financial resources; other resources or programs available; state or federal programs and benefits the child receives or may receive on reaching the age of majority; and how the court’s order would affect eligibility for those programs and benefits.

The regular child support guidelines don’t apply here; § 19-6-15(q) says so. Instead the court weighs these factors and uses its judgment. The order “shall” be modified for either party if the factfinder decides there has been a substantial change in the parent’s or the child’s ability to provide support.

To protect government benefits, the court may irrevocably assign the support to a special needs trust established under the federal Medicaid trust provisions the section names. Support under this section adds to, and doesn’t replace, help the adult child gets from sources other than the parents, and no duty under these sections may affect the child’s eligibility for the maximum benefits public agencies provide. Either parent, a nonparent custodian, a guardian appointed to receive the support, or the adult child may enforce the order.

Frequently Asked Questions

How does a Georgia court decide the amount of support for a disabled adult child?

The court weighs seven factors instead of the regular child support guidelines. They include the adult child’s income and assets, needs tied to the incapacity, who pays for or provides care, each parent’s resources, other available programs, government benefits the child receives or may receive, and how the order would affect eligibility for those benefits. The court must consider all seven, but the amount rests in its sound discretion.

Do the Georgia child support guidelines apply to adult disabled child support?

No. Section 19-6-15(q) says the guidelines in § 19-6-15 don’t apply to support for a dependent adult child. The court instead considers the factors listed in this section, such as the child’s needs and resources, each parent’s finances, and the effect on government benefits, and then sets the amount in its discretion.

Can support for a dependent adult child be changed later?

Yes. The obligation shall be modified for either party if the trier of fact decides, in its sound discretion, that there has been a substantial change in the parent’s or the child’s ability to provide support. The judge decides whether the change is substantial enough.

Does a parent get credit for caring for the adult child at home?

The court must consider it. One of the seven listed factors is whether a parent or other person pays for, or will pay for, the adult child’s care or supervision, or provides substantial care or personal supervision personally. The statute doesn’t set a dollar credit; it leaves the weight of that care to the court’s discretion.

Who can enforce a support order for a dependent adult child?

Either parent, any nonparent custodian, a guardian appointed to receive support for the adult child, or the adult child for whose benefit the support is ordered may enforce it. Contempt under § 19-6-28 is one of the enforcement tools this chapter provides.

Amendment History

Laws 2024, Act 479, § 4, eff. July 1, 2024.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
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