Laws and recognized practices around divorce, child custody and other family law issues vary by state. In some cases, they vary within a state. Where you live can determine important family matters moving forward after divorce.
For example, an Ohio Supreme Court ruling, commonly known as the Castle decision, lets courts consider whether child support will continue after a disabled child turns 18 (when it typically ends) if the parents are already divorced at that point. However, only courts in specific appellate districts of the state follow the Castle rule. In others (including the one that includes Fairfield), it’s not considered. Some haven’t adopted either stance. That’s created a lot of inconsistency.
Now, some Ohio state lawmakers are hoping to end that inconsistency and also expand continued child support for children after they become legal adults but are unable to support themselves due to a serious disability. Some Ohio state lawmakers hope to change that with legislation that is currently moving through the legislature.
What’s in the legislation?
The legislation would allow judges throughout Ohio to “issue, pursuant to a proceeding for divorce, dissolution, legal separation, or annulment, an order of support for the care and maintenance of the parties’ child who is a person with a disability, regardless of whether the child has reached the age of majority.”
The law would expand the definition of disability to include mental as well as physical ones. Further, parents would no longer have to be divorced before their disabled child turned 18 for that support to be ordered. Further, it would extend the law to include those with mental disabilities.
“Consistency and fairness”
One of the bill’s sponsors says that “some of the most vulnerable citizens in this state are not receiving the critical care and support they need. We need consistency and fairness in the way family courts are approaching these situations to ensure equal treatment across the state.”
Having a child with a serious disability is always a challenge for parents – whether they’re together or apart. While many parents would never need to be ordered to continue to support a disabled child to the best of their ability, regardless of their age, that’s not always the case. Kids often end up being collateral damage in divorce.
Regardless of what happens with this legislation, it’s important to use all the tools at your disposal to protect your child. Having legal guidance can help.