---
title: O.C.G.A. § 44-5-124. Custodial discretion in transfers of custodial property for support, maintenance, education, and general use and benefit of minor.
collection: code
id: 44-5-124
cite_as: O.C.G.A. § 44-5-124 (2025)
canonical_url: https://georgiacommons.org/code/44-5-124
md_url: https://georgiacommons.org/code/44-5-124.md
text_url: https://georgiacommons.org/code/44-5-124/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=490
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-5.md
previous: https://georgiacommons.org/code/44-5-123.md
next: https://georgiacommons.org/code/44-5-125.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / ACQUISITION AND LOSS OF PROPERTY / THE GEORGIA TRANSFERS TO MINORS ACT
---

# O.C.G.A. § 44-5-124. Custodial discretion in transfers of custodial property for support, maintenance, education, and general use and benefit of minor.

(a) A custodian may deliver or pay to the minor or expend for or apply to the minor’s benefit so much or the whole of the custodial property as the custodian considers advisable for the support, maintenance, education, and general use and benefit of the minor in such manner, at such time or times, and to such extent as the custodian may deem suitable and proper, without court order and without regard to:

(1) The duty or ability of the custodian personally or of any other person to support the minor; or

(2) Any other income or property of the minor which may be applicable or available for that purpose.

(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.

(c) A delivery, payment, or expenditure under this Code section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.

## History

Code 1981, § 44-5-124, enacted by Ga. L. 1990, p. 667, § 1.