On March 20, 2025, House Bill 338, which amends several sections of the Ohio Revised Code, officially went into effect to allow for child support orders for children over the age of 18 with a disability.
What does this mean and how can it impact you and your family? As Columbus-based lawyers who deal with cases of child support on a regular basis, we can help you navigate these new changes!
For children with disabilities and the families that help support them, the need for financial support often goes beyond the age of 18. The Ohio Supreme Court recognized this need and in Castle v. Castle established the precedent that family courts could issue child support orders that continue past the age of 18 for children who have a disability. However, the precedent that was set in Castle v. Castle did not address child support orders that are issued when the parents get divorced after the child reaches the age of 18. As a result, courts were left to fill in that gap on their own, creating a patchwork of precedent across different counties, such as Franklin County and Delaware County. HB 388 gives clear direction to courts, as it addresses how child support orders newly issued after the child with a disability reaches the age of majority should be handled.
It is important to note that this bill does not require that a court issue an order of child support, but instead it allows the court to do so if it is reasonable and necessary. It also allows courts to modify child support orders, regardless of whether or not the child is younger or older than the age of majority, 18, when the court originally issues the order. This bill does not change anything about how child support is calculated. The sole goal of HB 388 is to ensure parents of children with disabilities who are incapable of supporting or maintaining themselves can receive the proper care and continued support they need.
If you and your family have questions about how HB 388 can impact your current child support order, please call our office today!
