Rep. Sweeney's Bipartisan Bill on Child Support for Children with Disabilities Passes the Ohio Senate

COLUMBUS – State Reps. Bride Rose Sweeney (D-Westlake) today applauds the unanimous Senate passage of House Bill 338, bipartisan legislation with Rep. Andrea White (R-Kettering) to 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.

“In my last 6 years as a legislator, I have spent countless hours speaking with parents of children with disabilities who are tired & frustrated by how many battles they have to fight to get their child the help they need,” said Rep. Sweeney. “Currently, because of an arbitrary inconsistency in the law some of Ohio’s most vulnerable families are not receiving the critical care and support they need. This legislation will ensure family courts can act with fairness and consistency to ensure all families have access to the appropriate family supports.”

House Bill 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

House Bill 338 now heads to the Ohio House for a vote of concurrence.