The second hearings were held on February 06, 2024 for Proponent Testimony regarding the allowance of child support orders for children over the age of 18 with a disability. The first Hearing was held on December 5, 2023.
Ohio House Bill 338 would allow children over the age of 18 who have a disability to continue receiving child support.
Currently, child support can be stopped once a child reaches a certain age or if another special circumstance exists. In most instances, once a child reaches the age of 18 in Ohio, court-ordered child support is terminated.
If passed, a child support order would continue beyond the child’s eighteenth birthday only if the child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself oneself
Sponsor Testimony made by Representatives Andrea White and Bride Rose Sweeney states this bill will clarify the law on child support for children with disabilities in this limited circumstance and allow courts to award critical financial support regardless of their age at the time of their parent’s divorce. By doing this, we create an environment that allows some of the most vulnerable citizens in this state to receive the critical care and support they need.
Judge Randall D. Fuller, who provided Proponent Testimony on House Bill 338 on February 6, 2024, referred to two incidents for providing his support of the bill –
District Court of Appeals ruled in Abbas v. Abbas, (1998) 128 Ohio App. 3d 513, that in granting custody of a 25-year-old child to the child’s mother, the trial court “was essentially asserting” that the child had not reached the age of majority. Therefore, the trial court maintained continuing jurisdiction over the child and could order child support payments pursuant to Castle.