19-6-15.1. Support proceedings for dependent adult children.

As used in this article, the term “dependent adult child” means an unmarried individual who has reached the age of majority and is incapable of self-support as a result of a physical or mental incapacity that began before the individual reached the age of majority.#

A legal proceeding may be brought to establish support for a dependent adult child. Such proceeding shall be brought in accordance with Code Section 19-6-26 and may be brought by the following:#

1. (1)

   Either parent;#

2. (2)

   A nonparent custodian;#

3. (3)

   A guardian appointed to receive support for the dependent adult child whose benefit the support is ordered; or#

4. (4)

   The dependent adult child for whose benefit the support is ordered or his or her agent under a durable power of attorney.#

A legal proceeding initiated pursuant to this Code section may be filed at any time after a dependent adult child reaches 17 years and six months of age, unless an order for support was established during the dependent adult child’s minority.#

The amount of support to be paid by one or both parents shall be established in a separate support proceeding pursuant to subsection (b) of this Code section; provided, however, that if a court has jurisdiction over the parties for an issue of support, the parents of an adult dependent child may agree in writing to provide for dependent adult child support in an existing case provided that such agreement is submitted to the court for approval before such child reaches 18 years of age.#

Support ordered after a dependent adult child reaches 18 years of age shall be paid only to the dependent adult child or his or her court appointed guardian advocate, guardian, or agent under a durable power of attorney; provided, however, that the court, in the exercise of its sound discretion, may irrevocably assign the support to a special needs trust established pursuant to 42 U.S.C. Section 1396p(d)(4)(A) or 1396p(d)(4)(C) for the benefit of the dependent adult child by the dependent adult child, his or her agent under a durable power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has been delegated those rights in order to maintain the dependent adult child’s means-based government benefits. The court shall not order support for a dependent adult child to be paid to the family support registry established pursuant to Code Section 19-6-33.1.#