Most states have solidified common law rulings that child support be paid until the age of majority. However, if a child is disabled, the child support payments could be required to continue beyond this point. However, determining what is and isn’t a disability is at the core of these cases. Most state’s determine disability on the child’s ability to support him or herself. In most cases, the disability must be evident before the child reaches the age of majority for the father to be liable for continued support.
Georgia law seeks to protect children and adults with disabilities from unfair treatment, and will thus take into consideration mental and physical disabilities when ruling on child custody and support. Generally, if the primary custody parent can demonstrate that the child needs specific care or that the parent cannot work because he/she is providing that care, the Court will include such expenses in the child support payments. Health insurance costs are also taken into account when the Court determines how much child support the non-custodial parent must pay.
In all divorce cases, the child(ren)’s wellbeing is at the forefront of all considerations, and the Court will make all decisions based on what it deems is in the child’s best interest. In order to protect your child’s rights, it is your attorney’s job to present your case before the Court and demonstrate your child’s specific needs and what role the non-custodial parent will play in making sure they are met, both in terms of visitation and finances.
