COLUMBUS, Ohio — A bipartisan push at the Ohio Statehouse could give people who live with a disability the opportunity to receive child support for a little longer. In most cases, divorced parents only have to pay for child support until their child turns 18-years-old. However, a new proposal wants to expand child support for people dealing with mental and physical disabilities over 18 years old. House Bill 338 could require courts to order parents to continue paying for child support beyond their 18th birthday.

What You Need To Know

  • House Bill 338 is bipartisan legislation aiming to try and expand child support for people dealing with disabilities over 18-years-old
  • Currently, child support payments are required for children under 18

  • The bill is in the House Finance Committee

The bill's second hearing happened Tuesday inside the House Finance Committee. Right now, there are only certain circumstances when child support continues after a child turns 18. The proposal is trying to make sure some of the most vulnerable people within our community get the support they need as they transition to adulthood.

"Our family law practitioners want to see this clarification so that the law is applied equitably for families," said Marisa Myers, the Government Relations Manager of the Ohio State Bar Association. "Regardless, of where you are, and regardless of what appellate district you're in Ohio. I don't think we're talking about a terrible lot of cases because there are some other factors that the court will consider, too. But for the families that this is impacting, I'm sure that's very important to them." 

Myers says the proposal could help with consistency across Ohio on how child support is provided in divorce cases for individuals with disabilities who are over 18-years-old and cannot support themselves. According to bill sponsors in the first testimony, there is a difference in legal interpretation in some Ohio courts when it comes to initiating child support when the parents of the child with a disability over 18-years-old file a divorce.

Disabled individuals can currently access ongoing child support over 18-years-old provided that they were under 18 of their parent’s divorce. 

HB 338 clarifies that courts may order child support if a disabled individual is already over the age of 18 at the time of their parent’s divorce. 

Although, the proposal is bipartisan, Republican Representative Brian Stewart is questioning whether the child support payments would be offset by any government benefits like social security and disability payments for which the person in question is eligible.