For most divorced parents paying child support, the requirement to do so ends when the child turns 18. When a child has a serious disability that leaves them unable to financially support themselves, however, that support may need to continue.
A new law that took effect earlier this year brings some consistency to how judges handle child support orders throughout Ohio when a couple has a disabled child who has turned 18. Previously, some jurisdictions differentiated between whether the disabled child was under 18 at the time of their parents’ divorce or had already turned 18.
Any Ohio judge can order a parent to pay child support for a physically or mentally disabled child past the age of 18 if their disability makes them unable to support themselves. That is the case even if the child was already a legal adult when their parents divorced.
The importance of consistency in family courts
The Ohio representative who spearheaded the change in the law explained that it was necessary to “ensure that no matter where you live in Ohio or the timing of your parents’ divorce, your parent will have the ability to ask a judge to consider awarding child support if you have a disabling condition that prevents you from being able to provide for yourself.” Before the change in the law, she noted that “Ohio families and some of our most vulnerable citizens are being negatively impacted through inconsistent decisions by family courts.”
The change doesn’t require any Ohio judge to rule one way or another when it comes to providing child support for a disabled adult child. It just eliminates inconsistencies in how different judicial districts interpret and apply the law.
It’s typically preferable when co-parents can work together, with the help of their legal counsel, to reach an agreement on child support that is in their child’s best interests. However, a judge often has to step in and make that decision. That’s why it’s crucial to know the law and to be able to present a strong case.