New Georgia Law: Disabled Adults May Require Continued Financial Support From Parents

July 15, 2024

Disabled adults in Georgia can face unique but significant barriers to financial security – as do their caretakers. Fortunately, a recent Georgia law has gone into effect to address this issue. House Bill 499, which was implemented beginning July 1st, 2024, may be able to alleviate some financial stress for certain disabled adults.

 

Those who care for disabled children know that disabilities can often require lifelong assistance – mentally, physically, or financially. This new law allows for child support to continue past the age of majority for individuals with disabilities. That means that parents, nonparent custodians, and appointed guardians can continue to receive financial support even after the disabled individual they care for turns 18.

 

The law includes “disabled children who have attained the age of majority but lack the ability to otherwise support themselves independently.” Disabled children are defined as individuals who have a physical or mental impairment that substantially limits one or more major life activities and which meets the criteria for a disability under state or federal law.

 

Similar to alimony, the Court has a series of factors to consider in determining the amount of child support for a dependent adult such as:

  • the dependent adult child’s income and assets,
  • existing and future needs of the dependent adult child,
  • the financial resources available to each parent for the support, care, and supervision of the dependent adult child, and
  • any state or federal programs and benefits that the dependent adult child is receiving or might receive due to reaching the age of majority.

 

Additionally, the Court may direct either or both parents to maintain life insurance for the benefit of a disabled child who has attained the age of majority but lacks the ability to otherwise support himself or herself independently. 

 

We recognize that the law may seem complex with regards to financial obligations, especially if undertaken alone. For further information regarding child support for adult dependent children, contact the Gentry Law Firm at 770-425-5573 to schedule a consultation. 


Written by Sam Wilburn, Attorney at Law

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