The bill had its second hearing on Tuesday before the House Finance Committee. Currently, child support is only paid in certain circumstances after a child turns 18. This proposal aims to ensure that the most vulnerable in our communities have the support they need as they transition to adulthood.
“Our family law professionals are hopeful that this clarification will ensure that the law is applied fairly to families,” said Marisa Myers, government relations manager for the Ohio State Bar. “It doesn’t matter where you are, what court of appeals you’re in in Ohio. I don’t think we’re talking about as many cases because there are other factors that the courts consider, but for the families that this affects, I think it’s very important to them.”
Myers said the proposal could help bring consistency across Ohio regarding how child support is paid in divorce cases for disabled individuals who are unable to support themselves and are over the age of 18. According to initial testimony from bill sponsors, there are differences in legal interpretations in some Ohio courts regarding when child support payments begin when the parents of a disabled child over the age of 18 file for divorce.
Currently, a disabled person can receive continuing child support even after turning 18 if he or she was under 18 at the time of their parents’ divorce.
HB 338 clarifies that a court may order child support if a disabled person is already over 18 years old at the time of their parents’ divorce.
While the proposal is bipartisan, Republican Rep. Brian Stewart has questioned whether child support payments would be offset by government benefits, like Social Security or disability benefits, for which the recipients are eligible.