Child Support Termination While a Child is in a GED Program

My question involves a child custody case from the State of: Ga.

My husband has been paying Child Support for 16 years. His daughter turned 18 in October but was doing a home school program. She is failing all her classes and can't catch up so SHE has decided to quit the program and get her GED. My question is: Does my husband have to wait till she gets the GED or as soon as he has confirmation she has stopped the home school program can he contact the Child Support Office himself to stop paying CS?

He needs to start by reading his child support order to see what it says about when child support ends. His answer may lie in that document.

Any current child support order issued in Georgia will, at a minimum, provide for support to continue until the child reaches the age of eighteen. A standard order will provide that if the child remains enrolled in high school past the age of eighteen, child support continues until the child completes high school or reaches the age of twenty, whichever occurs first. A GED program is not the same thing as high school enrollment, nor is GED self-study.

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Quoting Michelle Strickland Autry

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My question involves a child custody case from the State of: Ga.

My husband has been paying Child Support for 16 years. His daughter turned 18 in October but was doing a home school program. She is failing all her classes and can't catch up so SHE has decided to quit the program and get her GED. My question is: Does my husband have to wait till she gets the GED or as soon as he has confirmation she has stopped the home school program can he contact the Child Support Office himself to stop paying CS?

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Child support in GA goes to age 20 or graduation from high school, whichever comes first. So, I would say that he is going to be paying to age 20 unless she gets her GED before that.

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Quoting Mr. Knowitall

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He needs to start by reading his child support order to see what it says about when child support ends. His answer may lie in that document.

Any current child support order issued in Georgia will, at a minimum, provide for support to continue until the child reaches the age of eighteen. A standard order will provide that if the child remains enrolled in high school past the age of eighteen, child support continues until the child completes high school or reaches the age of twenty, whichever occurs first. A GED program is not the same thing as high school enrollment, nor is GED self-study.

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I have known of many judges who have not agreed with the bolded.

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Quoting llworking

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I have known of many judges who have not agreed with the bolded.

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Neither would I.

A GED is a General Equivalency Diploma.

Equivalency of what?

A high school diploma.

There you go.

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Quoting llworking

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Child support in GA goes to age 20 or graduation from high school, whichever comes first. So, I would say that he is going to be paying to age 20 unless she gets her GED before that.

I have known of many judges who have not agreed with the bolded.

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this is what the state of Georgia actually says;

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Any Georgia court order issued after 1993 establishing child support amounts should provide for support to continue until the child turns

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18. If the child is still in high school past the age of 18, support will continue until the child finishes high school or reaches the age of 20, whichever occurs first.

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The subtle difference being the "if". If the child remains in high school beyond the age of 18 support continues until the child graduates or reaches 20, whichever comes first.

That mean unless the child is in high school, support ceases at 18.

there is a difference between studying for a GED and being in high school. I could imagine a judge agreeing a ged study would be equivalent but it is still not high school. I suspect if somebody wants to argue the point they should research actual statutes as well as case law.

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Quoting llworking

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I have known of many judges who have not agreed with the bolded.

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Of course you do. But instead of telling me about these judges, find me the Georgia law that supports your implied assertion that a GED program, including self-study, is the same thing as being enrolled in high school. Thanks.

To be even more precise:

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(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 oof 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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the law clearly states: enrolled in and attending a secondary school

undertaking a ged prep course is not attending a secondary school and obviously the child is not enrolled in any school. Therefor child support ends at the age of 18.


You need to also understand that it requires a court to order the continuation of support during that period. That is why the op needs to read the order in hand. If it did not order continuation beyond the age of 18, he's done with child support. The continuation is not automatic.

Backing up a little bit.... I would not be surprise if some states have loosely worded statutes under which a GED program might qualify as continued enrollment for purposes of child support, or if a court here or there interpreted a statute as expansively as it possibly could in order to continue child support that would otherwise be ended. However, adult education programs for GED certificates are not high school programs, are usually designed so that people can attend those programs while employed, and are usually part-time, so it's very much an overstatement to suggest that they will automatically qualify as either high school enrollment, let alone full-time high school enrollment.

Self-study does not involve enrollment in any type of school, and I very much doubt that llworking knows a judge who would treat a young adult's purchase of a self-study guide for the GED as proof of continued enrollment in school. I would expect that if llworking identifies authority, it will expressly recognize the distinction between enrollment in high school and enrollment in a GED program and then explain, under state law and the parents' custody order, why support should nonetheless continue.

The Georgia statute has wiggle room for part-time enrollment -- you can be "enrolled in and attending a secondary school" while being enrolled part-time. But if the custody order says that the child must be enrolled full-time in high school, the authority I'm seeing indicates that a court will uphold that agreement -- which takes us back to the question of what the custody order says.

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Quoting Mr. Knowitall

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Backing up a little bit.... I would not be surprise if some states have loosely worded statutes under which a GED program might qualify as continued enrollment for purposes of child support, or if a court here or there interpreted a statute as expansively as it possibly could in order to continue child support that would otherwise be ended. However, adult education programs for GED certificates are not high school programs, are usually designed so that people can attend those programs while employed, and are usually part-time, so it's very much an overstatement to suggest that they will automatically qualify as either high school enrollment, let alone full-time high school enrollment.

Self-study does not involve enrollment in any type of school, and I very much doubt that llworking knows a judge who would treat a young adult's purchase of a self-study guide for the GED as proof of continued enrollment in school. I would expect that if llworking identifies authority, it will expressly recognize the distinction between enrollment in high school and enrollment in a GED program and then explain, under state law and the parents' custody order, why support should nonetheless continue.

The Georgia statute has wiggle room for part-time enrollment -- you can be "enrolled in and attending a secondary school" while being enrolled part-time. But if the custody order says that the child must be enrolled full-time in high school, the authority I'm seeing indicates that a court will uphold that agreement -- which takes us back to the question of what the custody order says.

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Self study, or rather the more standard description, home schooling, in most states these days requires enrollment in an actual school program. It is much more regulated these days than it was even 15 years ago. I do not believe that you would find any judge, in any state, that would consider home schooling as not being properly enrolled in school.

No, GED self-study is not study while enrolled in school. If you are trying to reinvent your statement to correct that part of your error, though, sure -- you're not going to convince a court in any state that self-study is a substitute for enrollment in an actual program. Also, home schooling is not a GED program.

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Quoting Mr. Knowitall

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No, GED self-study is not study while enrolled in school. If you are trying to reinvent your statement to correct that part of your error, though, sure -- you're not going to convince a court in any state that self-study is a substitute for enrollment in an actual program. Also, home schooling is not a GED program.

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Ok, then I misunderstood what you were saying in part. I thought that you were differentiating GED study and self study, therefore giving me the impression that you did not feel that home schooling was valid for child support purposes.

I still disagree with you about GED programs, because normally they also require enrollment in a program. However the OP should probably consult a local attorney for clarity on the issue.

While this case doesn't specifically come up in Georgia case law search, similar issues do and (as pointed out), the law/order means what it literally says. "enrolled in high school" means attending school in such a facility. Doing self-study or even taking classes in another setting is not enrolled in high school.


Grenevitch v. Grenevitch, 678 S.E.2d 87, 285 Ga. 509 (Ga., 2009)
Draughn v. Draughn (two cases), 288 Ga. 734, 707 S.E.2d 52, 266 Ed. Law Rep. 511 (Ga., 2011)

and others. Arguing when child support ends is apparently a pretty common appellate issue in Georgia.

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Quoting llworking

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I still disagree with you about GED programs, because normally they also require enrollment in a program. However the OP should probably consult a local attorney for clarity on the issue.

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Again, if you have authority to support your position, especially for Georgia, please share it. Even with your feelings on the issue, I would still need a couple of bucks to get a cup of coffee.

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Quoting llworking

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Ok, then I misunderstood what you were saying in part. I thought that you were differentiating GED study and self study, therefore giving me the impression that you did not feel that home schooling was valid for child support purposes.

I still disagree with you about GED programs, because normally they also require enrollment in a program. However the OP should probably consult a local attorney for clarity on the issue.

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You do realize that requirements for GED programs are state specific, right?

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Quoting llworking

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Ok, then I misunderstood what you were saying in part. I thought that you were differentiating GED study and self study, therefore giving me the impression that you did not feel that home schooling was valid for child support purposes.

I still disagree with you about GED programs, because normally they also require enrollment in a program. However the OP should probably consult a local attorney for clarity on the issue.

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there is no requirement you enroll in or undertake any GED prep or training. You sign up for the test; you take the test. If you choose to enter any study program, it is entirely up to the individual (if 18 or over). There are special rules that apply to a 16 or 17 year old.