Ohio bill would allow child support for adult disabled children

COLUMBUS, Ohio (WCMH) — A bill in the Ohio Statehouse seeks to broaden child support laws with the end goal of helping families support adults with disabilities.

“We are just trying to make everything equal throughout Ohio,” attorney and proponent for the bill Kendra Carpenter said.

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Ohio courts currently do not have a uniform law that requires them to consider child support for what they call “adult disabled children;” in other words, someone who was disabled before turning 18.

“If the first request for child support for an adult disabled child doesn’t come before the age of 18, the court cannot consider awarding child support,” Carpenter said.

In the map below, the areas in green have courts that consider the cases. The area in purple represents courts that will not consider those cases, which includes all of Franklin County, the largest county in Ohio.

Consideration of Castle Child Support Across Appellate DistrictsDownload

Carpenter said she sees cases like one where a divorce is filed with two children involved, but there’s an inequity.

“The court could consider child support for the 13-year-old but could not consider child support for the disabled 19-year-old,” she said.

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House Bill 338, sponsored by Reps. Andrea White (R-Kettering) and Bride Rose Sweeney (D-Westlake), would clarify that child support may continue and be considered in the court, even when that person is over 18, for an Ohioan with a disability. The bill does not spell out what can be appropriated for an adult disabled child, or whether child support is awarded.

“What assurances can be given that the kinds of benefits that people over 18 get will also be offset against whatever child support is ordered,” Rep. Bill Seitz (R-Cincinnati) asked during the bill’s committee hearing.

Carpenter said the law does currently allow courts to set higher or lower child support depending on the circumstances, so said she does not think spelling it out further in this bill is necessary.

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“Just give the courts the ability and the power to consider child support,” she said.

Through three hearings on this bill, no one has voiced their opposition during public testimony. There will likely be one at least one more chance for testimony before the legislation is voted on in committee.

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