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New Ohio law aims to protect disabled adult children during divorce

On Behalf of | Jan 27, 2025 | Family Law

Currently, the law concerning child support for disabled children who are no longer minors is applied differently throughout the state of Ohio. That’s something that lawmakers have been working to change.

As one state representative put it, “Ohio families and some of our most vulnerable citizens are being negatively impacted through inconsistent decisions by family courts…. We need consistency and fairness in the way family courts are approaching these situations to ensure equal treatment across the state.

What does the law do?

Last year, the legislature unanimously passed and the governor signed a law stating that child support can be awarded for a child with a disability that leaves them unable to support and take care of themselves even if they’re over 18 when their parents divorce, as long as they became disabled before they turned 18. That law takes effect this March.

The law includes those with mental as well as physical disabilities. It applies to both initial child support orders and modifications. It doesn’t affect how child support is calculated or what parental factors are used to determine the amount.

Ending the inconsistency

It states that “a court may issue, pursuant to a proceeding for divorce, dissolution, legal separation, or annulment, an order of support for the care and maintenance of the parties’ child who is a person with a disability, regardless of whether the child has reached the age of majority.” The inconsistency has occurred because some, but not all, appellate districts in Ohio have already been doing that. They’ve been following an Ohio Supreme Court ruling known as the Castle decision. Others don’t use that decision – thus limiting the ability to get support for a disabled child who is no longer a minor. Now, every court will be following the same mandates.

Having a physically and/or mentally disabled child can place an unbearable strain on any marriage. While many of parents who divorce would readily help support their child for as long as needed without a law requiring it, not everyone would. Vulnerable children and young adults can easily become part of the collateral damage of divorce.

Whether you’re the one seeking support for a disabled child or the one expected to pay it, it’s important to understand the law. Having experienced legal guidance can help you protect your rights and work toward what’s best for your child.