08 LC 29
3232S
The
House Committee on Judiciary offers the following substitute to HB
540:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 19 of the Official Code of Georgia Annotated, relating to domestic
relations, so as to change certain provisions relating to voluntary separation,
abandonment, or driving off of spouse; to create a duty in certain circumstances
to provide child support for a physically or mentally impaired child beyond the
age of 18 who is incapable of self-support; to provide for a definition; to
provide for postminority child support in final verdict or divorce decree; to
provide for modification; to change certain provisions relating to inclusion of
life insurance in order of support; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by revising Code Section 19-6-9, relating to voluntary separation,
abandonment, or driving off of spouse as it relates to equity compelling
support, as follows:
"19-6-9.
(a)
Absent the making of a voluntary contract or other agreement, as provided in
Code Section 19-6-8, and on the application of a party, the court, exercising
its equitable powers, may compel the spouse of the party to make provision for
the support of the party and such minor children
and other
children who:
(1)
Are 18 years of age or older;
(2)
Are physically or mentally impaired; and
(3)
Are incapable of self-support,
as
may be in the custody of the party.
(b)
As used in this Code section, the term 'physically or mentally impaired' means
that prior to the age of 18 the individual has been identified as having a
medically determinable physical or mental impairment which results in marked and
severe functional limitations, and which can be expected to result in death or
which has lasted or can be expected to last a continuous period of not less than
12 months."
SECTION
2.
Said
title is further amended by revising Code Section 19-6-10, relating to voluntary
separation, abandonment, or driving off of spouse as it relates to petition for
support, notice, and hearing, as follows:
"19-6-10.
(a)
When spouses are living separately or in a bona fide state of separation and
there is no action for divorce pending, either party, on the party´s own
behalf or on the behalf of the minor children
and other
children who:
(1)
Are 18 years of age or older;
(2)
Are physically or mentally impaired; and
(3)
Are incapable of self-support,
in
the party´s custody, if any, may institute a proceeding by petition,
setting forth fully the party´s case. Upon three days´ notice to the
other party, the judge may hear the same and may grant such order as he
or
she might grant were it based on a pending
petition for divorce, to be enforced in the same manner, together with any other
remedy applicable in equity, such as appointing a receiver and the like. Should
the petition proceed to a hearing before a jury, the jury may render a verdict
which shall provide the factual basis for equitable relief as in Code Section
19-6-9. However, such proceeding shall be held in abeyance when a petition for
divorce is filed bona fide by either party and the judge presiding has made his
or
her order on the motion for alimony. When
so made, the order shall be a substitute for the aforesaid decree in equity as
long as the petition is pending and is not finally disposed of on the
merits.
(b)
As used in this Code section, the term 'physically or mentally impaired' shall
have the same meaning as set forth in subsection (b) of Code Section
19-6-9."
SECTION
3.
Said
title is further amended by revising subsection (e) of Code Section 19-6-15,
relating to child support in final verdict or decree, guidelines for determining
amount of award, continuation of duty to provide support, and duration of
support, as follows:
"(e)
Duration of child
support responsibility.
(1)
The duty to provide support for a minor child shall continue until the child
reaches the
age of majority
18 years of
age, 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:
(A)
Entered
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
18 years of
age 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;
or
(B)
Entered on or after July 1, 2008, the court, in the exercise of sound
discretion, may direct either or both parents to provide financial assistance to
a child who:
(i)
Is 18 years of age or older;
(ii)
Is physically or mentally impaired; and
(iii)
Is incapable of self-support.
As
used in this paragraph, the term 'physically or mentally impaired' shall have
the same meaning as set forth in subsection (b) of Code Section
19-6-9.
(2)
In determining the amount of postminority child support to award, the court or
jury shall consider how such award will impact such child´s eligibility to
receive supplemental social security income (SSI) and current ongoing
eligibility for public assistance programs provided by any federal, state,
local, and other governmental agencies. A court that orders postminority child
support shall designate a parent of the child, trustee, nonparent custodian, or
any appointed guardian or conservator of the child to receive the postminority
child support for the child.
(3)
The obligation for postminority child support may be modified at any time, even
after the child´s eighteenth birthday, by either party if the court or jury
determines, in the exercise of its sound discretion, that there has been a
substantial change in the physically or mentally impaired child´s ability
to provide support for himself or
herself.
(4)
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;
provided, however, that an action for postminority child support shall not be
brought by child support
services."
SECTION
4.
Said
title is further amended by revising subsection (d) of Code Section 19-6-34,
relating to inclusion of life insurance in order of support, as
follows:
"(d)(1)
The trier of fact, in the exercise of sound discretion, may direct either or
both parents to maintain life insurance for the benefit of 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
18 years of
age before completing his or her secondary
school education, provided that maintenance of such life insurance for the
benefit of the child shall not be required after a child attains 20 years of
age.
(2)
The court or jury, in the exercise of sound discretion, may direct either or
both parents to maintain life insurance for the benefit of a child
who:
(A)
Is 18 years of age or older;
(B)
Is physically or mentally impaired; and
(C)
Is incapable of self-support.
(3)
As used in this subsection, the term 'physically or mentally impaired' shall
have the same meaning as set forth in subsection (b) of Code Section
19-6-9."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.