Ohio State Representative Andrea White (R-Kettering), with her joint sponsor Rep. Bride Rose Sweeney (D-Westlake), has announced the passage of House Bill 338 — legislation that will help ensure consistency around the state for how courts award child support in divorce cases for children with disabilities who have turned 18 and are unable to support themselves.

House Bill 338 will now head to the Ohio Senate for further consideration.

“This legislation is about ensuring that no matter where you live in Ohio or the timing of your parents’ divorce, your parent will have the ability to ask a judge to consider awarding child support if you have a disabling condition that prevents you from being financially independent,” said White. 

“Ohio families’ lives are being impacted, and currently some of the most vulnerable citizens in this state are not receiving the critical care and support they need.  We need consistency and fairness in the way family courts are approaching these situations to ensure equal treatment across the state.”

For families who have children who have such disabling conditions, the need for financial support is ongoing. Current Ohio law and Supreme Court ruling Castle v. Castle are clear that family courts can award child support that continues beyond the age of 18 when the child’s parents divorce prior to the child reaching adulthood.   

However, there have been inconsistent rulings in courts throughout the state on the first-time award of child support for a person with a disability who is unable to care for themselves if they are over 18 at the time of their parents’ divorce.

“Being a parent is hard, being a divorced parent to a child with a disability that will be financially dependent on you for the rest of their lives is even harder,” said Sweeney. 

“Ohio families and the parents of children with disabilities already face too many challenges in their daily lives.  We shouldn’t be making it even harder for families who find themselves in these difficult circumstances just because they live in the wrong appellate district.”

HB 338 will clarify any confusion in the law by codifying the definition of child support to include adults with a mental or physical disability, whose disability began before 18 and who are incapable of supporting or maintaining themselves after entering adulthood – regardless of the timing of their parents’ divorce.  

The legislation will allow for both first-time support awards as well as modifications in the event support is no longer needed at the same levels or at all.   The bill does not change anything about how child support is calculated or determined, with support decisions remaining at the discretion of the judge.

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