South Dayton News

State Representative Andrea White (R-Kettering), in conjunction with Rep. Bride Rose Sweeney (D-Westlake), announced the successful passage of House Bill 338. This legislation aims to standardize how courts award child support in divorce cases involving children with disabilities who have reached adulthood and are unable to support themselves.

Families with children suffering from disabling conditions often require ongoing financial support. Current Ohio law and the Supreme Court ruling Castle v. Castle state that family courts can extend child support beyond the age of 18 if the parents divorce before the child reaches adulthood. However, there has been inconsistency across state courts regarding first-time child support awards for disabled individuals over 18 at the time of their parents' divorce.

White stated, “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.” She added that many vulnerable citizens in Ohio are not receiving necessary care and support due to these inconsistencies. She emphasized the need for uniformity and fairness in family court rulings across the state.

Sweeney echoed these sentiments, stating, “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.” She stressed that families dealing with disabilities already face numerous challenges and should not be further burdened by disparities in legal rulings based on their geographical location.

House Bill 338 seeks to eliminate any confusion by codifying the definition of child support to include adults with mental or physical disabilities whose disability began before they turned 18 and who cannot maintain themselves after reaching adulthood – regardless of when their parents divorced. The bill also allows for both first-time support awards as well as modifications if circumstances change. It does not alter how child support is calculated or determined, leaving these decisions to the discretion of the judge.

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