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Maverick, Lawyer
Category: Family Law
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Experience:  20 years of professional experience
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My child turned 18 last September and graduated from HS in

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My child turned 18 last September and graduated from HS in December. My child support was stopped when he got out of HS. He has every intention of going to college next semester. Now my child support order stated that I would get support as long a s he was in school or secondary school or until he was 21. If/when he goes to school will I be able to get the child support back?

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Secondary school in the USA does not mean college. It normally refers to high school or an alternative to high school.


In Georgia, both parents are obligated to provide for the support of a child until the child reaches the age of 18, or graduates from high school, whichever is later, but no later than age 20. In your case, it may have been under the older law of age 21. There is no obligation to support a child in college or post-graduate studies unless agreed to by the parties and placed in the court order.


The relevant law is here at 19-6-15;


e) Duration of child support responsibility. The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary, final, or modified order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the court, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for child support provided in this subsection may be enforced by either parent, by any nonparent custodian, by a guardian appointed to receive child support for the child for whose benefit the child support is ordered, or by the child for whose benefit the child support is ordered.


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