Rep. Sweeney, White's Bipartisan Child Support for Children with Disabilities Passes Ohio House of Representatives

COLUMBUS – State Reps. Bride Rose Sweeney (D-Westlake) and Andrea White (R-Kettering) today announced the passage of House Bill (HB) 338, legislation that would allow child support orders to be issued or modified for a child with disabilities after that child has turned 18. 

For families who have children with disabilities, the need for financial and practical support often goes beyond the age of 18. In Castle v. Castle, the Ohio Supreme Court recognized the need for continued, mutual parental support after the age of 18 for children with a disability, establishing clear precedent that family courts could issue child support orders that continue past the age of 18 for children with disabilities where necessary and appropriate.

While there is precedent for continuing child support, there is currently no clear precedent for child support orders being newly-issued when the parents' divorce occurs after the child with a disability reaches the age of majority. This lack of clarity has led to a patchwork of jurisprudence across Ohio’s appellate court system and different legal standards based on the age of the child at the time of the parents’ divorce. As a result, some Ohio families are not receiving the financial support they need to properly care for their child with a disability.

“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 Rep. 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.”

“This legislation is about ensuring that no matter where you live in Ohio or the timing of your parents’ divorce, your family will have the ability to ask a judge to consider awarding child support if you have a disabling condition that renders you unable to care for yourself,” said Rep. White.  “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 how family courts are approaching these situations to ensure equal treatment across the state.”

HB 338 would not change anything about how child support is calculated or determined, nor does it mandate that a child support order be issued. The legislation is narrowly tailored to address only the courts’ ability to consider child support orders when a child with a disability is over the age of 18 to ensure that Ohio law is applied fairly and consistently throughout the state.

The bill now heads to the Senate for further consideration.