Events Barring Right to Support

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  1. A surviving spouse's right to year's support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year's support.
  2. A minor child's right to year's support shall be barred by the marriage or death of the minor or by the minor's attaining the age of 18 years prior to the filing of the petition for year's support.

(Code 1981, §53-3-2, enacted by Ga. L. 1996, p. 504, § 10.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1958, p. 378, § 1 are included in the annotations for this Code section.

Minor's right to year's support barred.

- A "year's support" is barred by a minor's attaining the age of 18 years prior to the filing of the application for a "year's support." 1975 Op. Att'y Gen. No. U75-95 (decided under Ga. L. 1958, p. 378, § 1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, § 686 et seq.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 452, 465.

ALR.

- Widow's or family allowance out of decedent's estate as surviving death or marriage of widow or minor children, or attainment of majority by children, 144 A.L.R. 270.

Who is included in term "family" or "household" in statutes relating to family allowance or exemption out of decedent's estate, 88 A.L.R.2d 890.


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