Legal Question in Family Law in Georgia

I need to know if Secondary Education is considered high school or college? My husband is required through his divorce decree, to pay child support to his ex-wife for his son "until said child attains the age of eighteen years, marries, dies, or otherwise becomes emancipated, excpet that if the child becomes eighteen years of age while enrolled in and attending a secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains the age of twenty."

This is straight from the divorce decree. As soon as his son graduates from high school, (he will turn 18 the january before he graduates), the child support should cease? Is this correct?

Pat


Asked on 11/18/10, 11:50 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Secondary education under Georgia law refers to high school. Under your fact pattern, support ceases on high school graduationn.

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Answered on 11/23/10, 11:57 am
Stephen Worrall The Manely Firm, P.C.

This provision is referring to high school, not college. In Georgia, child support ends at age 18 (but court can include in decree language extending obligation to high school graduation if that is after 18, but can not extend beyond age 20), unless the parents have specifically agreed to provide for post-majority support (typically a specific provision regarding college education expenses).

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Answered on 11/23/10, 12:10 pm


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