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2018 Georgia Code 19-6-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-6-34 Case Law from Google Scholar Amendments to OCGA 19-6-34

TITLE 19 DOMESTIC RELATIONS

Section 6. Alimony and Child Support, 19-6-1 through 19-6-53.

ARTICLE 1 GENERAL PROVISIONS

19-6-34. Inclusion of life insurance in order of support.

  1. In any case before the court involving child support, the court may include in the order of support provision for life insurance on the life of either parent or the lives of both parents for the benefit of the minor children. The court may order either parent or both parents to obtain and maintain the life insurance.
  2. The amount of the premium for such life insurance may be considered as a deviation to the presumptive amount of child support pursuant to the provisions of Code Section 19-6-15, provided that the court shall review the amount of the premium for reasonableness under the circumstances of the case and the best interest of the child.
  3. Except as provided in subsection (d) of this Code section, an order for child support shall not require maintenance of life insurance for a child's benefit after the child reaches the age of majority and shall not require that the proceeds of life insurance be available for the benefit of a child after the child reaches the age of majority.
  4. 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 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.
  5. Nothing in this Code section shall prevent parents from entering into an agreement for the provision of life insurance that differs from or exceeds the terms of this Code section.

(Code 1981, §19-6-34, enacted by Ga. L. 1995, p. 603, § 3; Ga. L. 2006, p. 583, § 5/SB 382.)

Editor's notes.

- Ga. L. 2006, p. 583, § 10(b)/SB 382, not codified by the General Assembly, provides: "Sections 1 through 7 of this Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007."

Law reviews.

- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 103 (2006).

JUDICIAL DECISIONS

Premium properly included as part of support.

- Mother's premium for life insurance for her two minor children, custody of whom was awarded to the father, was counted as a part of the support ordered pursuant to the provisions of O.C.G.A. § 19-6-15 of the Georgia Child Support Guidelines. Moon v. Moon, 277 Ga. 375, 589 S.E.2d 76 (2003).

Premium excluded from guidelines.

- Trial court did not abuse the court's discretion by declining to consider the cost of the life insurance in calculating a parent's child support obligation because the evidence indicated that a parent's company, rather than the parent, paid the premiums on the parent's life insurance policies. Simmons v. Simmons, 288 Ga. 670, 706 S.E.2d 456 (2011).

Order that child past age of majority be named beneficiary of life insurance policy improper.

- Order requiring the husband to maintain a life insurance policy with the four children of the marriage named as equal beneficiaries was improper because the couple's eldest child had reached the age of majority when the judgment was entered, and there was no evidence of a voluntary obligation by the husband to assume a support obligation that exceeded the husband's legal duty. Mongerson v. Mongerson, 285 Ga. 554, 678 S.E.2d 891 (2009), overruled on other grounds, 288 Ga. 670, 706 S.E.2d 456 (2011).

Parent required to maintain life insurance benefiting child.

- Trial court did not abuse the court's discretion in requiring a parent to maintain life insurance for the benefit of the child and by ordering the creation of a trust for any life insurance proceeds; O.C.G.A. § 19-6-34(a) does not limit the value of any life insurance to the future child support obligation of the parent, and the amount is within the trial court's discretion. Simmons v. Simmons, 288 Ga. 670, 706 S.E.2d 456 (2011).

Trial court did not err by ordering a husband's child support obligation to be secured by a life insurance policy for the support of the minor children because the trial court had discretion to require a parent, without the parent's agreement, to provide life insurance for the support of minor children pursuant to O.C.G.A. § 19-6-34. Jarvis v. Jarvis, 291 Ga. 818, 733 S.E.2d 747 (2012).

Cases Citing O.C.G.A. § 19-6-34

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Moon v. Moon, 589 S.E.2d 76 (Ga. 2003).

Cited 48 times | Published | Supreme Court of Georgia | Nov 17, 2003 | 277 Ga. 375, 2003 Fulton County D. Rep. 3386

...Moon is also required to maintain two $25,000 life insurance policies for the benefit of her children. "The amount of the premium for such life insurance shall be counted as a part of the support ordered pursuant to the provisions of Code Section 19-6-15 [the Child Support Guidelines]...." OCGA § 19-6-34(b)....
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Simmons v. Simmons, 706 S.E.2d 456 (Ga. 2011).

Cited 26 times | Published | Supreme Court of Georgia | Feb 28, 2011 | 288 Ga. 670, 2011 Fulton County D. Rep. 404

...the order of support provision for life insurance on the life of either parent or the lives of both parents for the benefit of the minor child[]. The court may order either parent or both parents to obtain and maintain the life insurance. *460 OCGA § 19-6-34(a)....
...d support obligation of the parent. The amount is within the trial court's discretion, and we cannot say that the trial court abused its discretion here. Likewise, we disagree with Husband's contention that the trial court exceeded the scope of OCGA § 19-6-34 by ordering the creation of a trust for any life insurance proceeds....
...160(2)(a), 686 S.E.2d 892 (2009) (trial court's requirement that trust be created was supported by child support guidelines). Husband also argues that the trial court failed to consider the cost of the life insurance in calculating his child support obligation. Although OCGA § 19-6-34(b) provides that "[t]he amount of the premium for such life insurance may be considered as a deviation to the presumptive amount of child support" (emphasis supplied), see OCGA § 19-6-15(i)(2)(D), the trial court did not abuse its discret...
...he imposition of such a life insurance provision, id. at n. 2, it is hereby disapproved. The cases cited in Mongerson for this proposition were decided prior to the 1995 amendment to the child support statute, Ga. L.1995, p. 603, § 3 (enacting OCGA § 19-6-34), which did not incorporate this requirement. See 12 Ga. St. U.L.Rev. 169, 180, n. 92 (1995) (OCGA § 19-6-34 intended to remedy negative effects of prior case law).
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Black v. Black, 292 Ga. 691 (Ga. 2013).

Cited 15 times | Published | Supreme Court of Georgia | Mar 25, 2013 | 740 S.E.2d 613, 2013 Fulton County D. Rep. 739

...al court may or may not deviate again for life insurance. If it does deviate for life insurance, the court may clarify that it is, in fact, ordering Aaron to maintain life insurance for the benefit of the children. See OCGA §§ 19-6-15 (i) (2) (D), 19-6-34....
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Esser v. Esser, 586 S.E.2d 627 (Ga. 2003).

Cited 13 times | Published | Supreme Court of Georgia | Sep 15, 2003 | 277 Ga. 97, 2003 Fulton County D. Rep. 2717

...at 547, 407 S.E.2d 758 (permitting lump sum child support); OCGA § 19-6-15(c)(9) (authorizing deviation based on "other support" party will provide, such as mortgage payment); OCGA § 19-6-15(c)(16) (authorizing deviation where party directed to pay cost of accident and sickness insurance coverage); OCGA § 19-6-34(a) (authorizing trier of fact to include as child support the provision of life insurance for benefit of minor child); Scherberger v....
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Mongerson v. Mongerson, 678 S.E.2d 891 (Ga. 2009).

Cited 11 times | Published | Supreme Court of Georgia | Jun 15, 2009 | 285 Ga. 554, 2009 Fulton County D. Rep. 2004

...The trial court's order requires Husband to maintain a life insurance policy on his life with the four children of the marriage named as equal beneficiaries. [2] A life insurance policy is often used as a means of providing child support. See OCGA § 19-6-34....
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Jarvis v. Jarvis, 291 Ga. 818 (Ga. 2012).

Cited 7 times | Published | Supreme Court of Georgia | Oct 29, 2012 | 733 S.E.2d 747, 2012 Fulton County D. Rep. 3322

...The issue of alimony is moot *821because the decree expressly states that any alimony payments due to Wife will cease upon Husband’s death. As for child support, the trial court has discretion to require a parent, without the parent’s agreement, to provide life insurance for the support of minor children. OCGA § 19-6-34; Simmons v....
...Fulton Nat. Bank of Atlanta, 247 Ga. 556 (276 SE2d 641) (1981) and Clavin v. Clavin, 238 Ga. 421 (233 SE2d 151) (1977), the cases cited by Husband in support of this enumerated error as it relates to child support, have effectively been overruled by OCGA § 19-6-34 which was enacted in 1995....