Quick Answer
Yes, child support can continue after a child turns 18 in Georgia in some situations. The controlling issue is usually the wording in the court order or divorce decree, especially when support is required while the child remains enrolled in high school.
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When Child Support Can Continue After Age 18
In many cases, child support ends when a child turns 18. But some court orders include clear language that requires support to continue after 18 while the child is still enrolled in high school, often with an outside age cap stated in the order.
If the order requires continued payments and a parent stops paying without court approval, it can lead to child support enforcement issues.
The Key Issue is the Wording in the Order
A court cannot guess what the parties meant. If the divorce decree or child support order includes specific terms about support after age 18, the exact language often controls.
That is why it is important to read the order carefully before making changes to payments.
Court Case Example in Plain English: Albritton v. Kopp
In Albritton v. Kopp (2017), the Supreme Court of Georgia reviewed whether a parent had to keep paying child support for a child who had turned 18 but had not graduated from high school.
The child support order required the parent to pay support as long as the child was enrolled as a “full-time high school student,” with an upper age cap. However, “full-time high school student” was never defined in the order. The child was only 2 credits shy and stayed enrolled as a 5th year senior to finish their required credits. The paying parent argued the child was not a “full-time” student under the school’s definition and stopped paying child support. The Supreme Court of Georgia addressed what “full-time high school student” meant under the language of the order.
Although the divorce decree did not define “full-time high school student,” the Supreme Court of Georgia has construed the phrase, to mean “continuous attendance during the normal school year.” See Mims v. Mims, 297 Ga. 70 (2015).
As such, the Court determined the parties child met the definition of a full-time high school student and obligated the paying parent to continue paying child support.
The paying parent argued the parties intended to adopt the school’s definition of full-time student – a student who is scheduled to attend 7 instructional segments a day. However, this definition was not incorporated into the parties final divorce decree, therefore the plain language of the divorce decree itself would control.
Takeaway: When the decree does not define a term, courts may interpret the phrase based on how it is used in the decree and prior case law.
What this Means for Parents Paying Child Support
If your child turns 18 and is still in high school, do not assume support automatically ends. The safer approach is to review your order and get legal guidance before changing payments.
If you believe support should end or be adjusted, that typically needs to be handled through the proper legal process.
Talk to a Child Support Lawyer in Middle Georgia
If you have questions about when child support ends, whether your order requires payments after 18, or whether enforcement is a concern, we can help you understand your options.
Call us at (478) 239-2780 or visit our Macon child support lawyer page. For help else where in Middle Georgia, go to our Middle Georgia Family Law Attorney page.
