When parents of disabled children divorce, their co-parenting agreements don’t necessarily end when their child becomes a legal adult. However, the laws governing parental responsibility aren’t always consistent – even within the same state.
Last year, a new Ohio law brought some consistency to how judges could address child support orders for disabled children who were 18 or older, depending on whether they were a legal adult when their parents divorced. Previously, not all judicial districts within the state had the same guidance for judges.
How did the law change?
State law now allows judges to order a parent to pay child support for a child over 18 as long as they are unable to support themselves due to a physical or mental disability. It doesn’t matter whether that child turned 18 before their parents ended their marriage or relationship or not.
It’s important to note that the law doesn’t require that Ohio judges order a parent to pay child support for a disabled adult child. That would be based on factors like their ability to work (if at all), any government or other benefits they might be receiving, whether there’s a special needs trust established for them, their living, medical and other expenses and, of course, each parent’s ability to pay support. It simply eliminated inconsistencies in how different judicial districts can interpret and apply the law.
It’s generally in everyone’s best interests when parents (especially those with responsibility for a disabled child) can negotiate child support on their own with the assistance of their individual legal counsel. However, if they each have to present their case to a judge to decide, it’s essential to know and apply the law strategically and effectively.