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Child support after 18 and paying for college in Georgia
Summary
In Georgia, child support usually ends when the child turns 18. If the child is still in high school, a judge can order support to continue while the child finishes, but not after the child turns 20.1
A Georgia judge can't order a parent to pay for college. As the Georgia Supreme Court put it, neither a judge nor a jury may require a parent to provide child support beyond the age of majority.2
Parents can agree to pay for college themselves. When that agreement is approved and made part of the final decree, it becomes an enforceable court order, and a parent who doesn't pay can be taken back to court.2
When child support ends
Support usually continues until the child turns 18, marries, becomes emancipated or dies. If the child is still in high school at 18, the judge can order support to continue while the child finishes school, but not past age 20.1
College: a judge can't order it
Georgia law doesn't let a court make a parent pay support for a child who has reached the age of majority, and that includes college costs. In Mims v. Mims, the Georgia Supreme Court said a father's duty to pay his adult daughter's college costs "arose solely from the parties' settlement agreement".
When parents agree, it becomes a court order
In Mims, the parents' divorce settlement said the father would pay college costs for all four children. Because the settlement was approved and made part of the final decree, the promise "became an enforceable order of the court." When he didn't pay, the mother filed a contempt action, and the court ordered him to pay for nine semesters, minus the daughter's HOPE Scholarship and Pell Grant amounts.2
A court can clarify what an agreement means, but it can't change the agreement in a contempt case.2
Wording that gets argued about
The dispute in Mims came down to two words: the agreement covered the daughter while she "attends school full time." The father argued she hadn't always taken a full course load. The court read the phrase to mean continuous attendance during the normal school year, not a full load of credit hours every semester.2
- Which costs are covered: tuition, books, housing, fees.
- Which schools, and whether in-state public tuition is a cap.
- What "full time" means, and for how many years or semesters.
- How scholarships and grants count.
- How and when each parent pays.
- What happens if the child takes time off.
Settlements often answer these questions in writing, because the agreement is what a court enforces later.
Questions you might ask a lawyer
- Should our settlement include college costs, and how should it be worded?
- Does our agreement define full-time attendance and which costs are covered?
- How would scholarships and grants be counted?
- What can be done if the other parent doesn't pay what they agreed to?
Common questions
Does child support stop at 18 in Georgia?
Usually. If the child is still in high school, a judge can order it to continue while the child finishes, but not after age 20.1
Can a Georgia court make a parent pay for college?
No. A judge or jury can't require a parent to pay support past the age of majority. A parent pays for college only if they agreed to.2
Is an agreement to pay for college enforceable in Georgia?
Yes, once it's approved and made part of the final decree. In Mims v. Mims, a father who didn't pay was ordered to pay for nine semesters.
Sources
- ^ O.C.G.A. § 19-6-15, child support guidelines (Justia)
- ^ Mims v. Mims (Ga. 2015), college costs owed only under the parents' agreement; agreement enforced (Justia)
Laws and court rules change. If something here looks out of date, email help@divorce.city.