2021 Georgia Code
Title 19 - Domestic Relations
Chapter 6 - Alimony and Child Support
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.)

- 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."

- 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).

- 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 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).

- 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).