Draughn v. Draughn
288 Ga. 734
Ga.2011Background
- Mother sought review of a trial court order terminating Father’s child support for their 18-year-old son who had not completed secondary education.
- The modification order extended support beyond 18 if the child was enrolled full-time in secondary school, including possible extension to age 20.
- The trial court found the online coursework did not satisfy “attend” and that the child did not attend full-time after June 9, 2009, thus terminating support as of July 1, 2009 and holding Father in contempt for May–June 2009.
- Georgia Virtual School existed under OCGA § 20-2-319.1; the Court considered whether online attendance could satisfy the modification’s attendance requirement.
- The Supreme Court reversed, holding online attendance qualifies as attending for purposes of extending child support beyond majority when enrolled in approved online secondary education.
- The Court also held that the summer months need not be included; full-time attendance is not required to be continuous through the summer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does online enrollment satisfy 'attend' for continued support? | Draughn argued online classes do not meet the 'attend' requirement. | Draughn contends the trial court correctly terminated support due to lack of attendance. | Online attendance may satisfy 'attend' when enrolled in approved online courses. |
| Is continuous summer attendance required to maintain support beyond 18? | Father argues summer absence ends support; Bullard prohibits reliance on summer attendance. | Mother asserted continuous attendance is needed during summer. | Full-time attendance does not require continuous summer attendance. |
| Was it required to determine attendance as of the eighteenth birthday? | Court should evaluate attendance status precisely on 18th birthday. | Support continuation depends on ongoing enrollment and attendance after 18. | The modification contemplates continued support if enrolled in and attending full-time secondary education beyond 18. |
Key Cases Cited
- Bullard v. Swafford, 279 Ga. 577 (2005) (full-time student rule excludes summer months; supports continuation beyond majority to complete secondary education)