In the case of Castle v. Castle 1, the Supreme Court of Ohio found that there is a duty, both morally and legally, for parents to support their children who are physically and/or mentally disabled beyond the age of majority if those children are unable to support themselves because of their mental and/or physical disabilities which existed before attaining the age of majority. This decision by the Supreme Court ultimately allowed a court to order a parent to pay continuing child support over a child past the age of majority, if the child was physically or mentally disabled as a minor, to such an extent that they were unable to be self-supporting.
Definitions Under Castle and House Bill No. 338
Under Castle and the new House Bill No. 338, there are some terms that are important to define and understand. They are as follows:
- Person with a Disability – A person with a mental or physical disability, whose disability began before the person reached the age of majority, and whose disability makes the person incapable of supporting or maintaining oneself.
- Age of Majority – All persons of the age of eighteen years or more, who are under no legal disability, are capable of contracting and are of full age for all purposes.
- Castle Child – A child that is physically or mentally disabled and unable to maintain themselves due to their physical or mental disability. Due to this fact, the court has ruled that they are unable to legally be deemed to have reached the age of majority and thus are still under the jurisdiction of the court for child support purposes, allowing them to have child support orders received for their care.
What Does House Bill No. 338 Modify?
The modifications of the Ohio Revised Code included in House Bill No. 338 change the law established through Castle in the following ways:
It no longer matters whether the child's disability was attained while the child was a minor.
- Previously, a court could only order child support for a Castle child when the child was a minor and before the finalization of the proceeding.
- Now, a court within a divorce/dissolution/legal separation/annulment can order or modify child support for the parties' Castle child, regardless of whether the child has reached the age of majority before or after the finalization of the proceeding.
House Bill No. 338 redefined “person with a disability.”
- A “person with a disability” now means a person with a mental or physical disability, whose disability began before the person reached the age of majority, and whose disability makes the person incapable of supporting or maintaining oneself.
A Castle child can lose their Castle status
- Previously, once a child was deemed to be physically or mentally disabled, as to warrant continuing support under Castle, that determination was final.
- Now, an order for child support for Castle children can be terminated upon satisfactory proof that the child who is the subject of the order is no longer mentally or physically disabled and/or can support or maintain themself.
How Does House Bill No. 338 Affect Me & My Family?
If you or someone you know has a child support order and a child with physical or mental disabilities who may not be self-supporting into adulthood, the new House Bill No. 338 could have future impacts. House Bill No. 338 also establishes an avenue for parents to seek support if their child develops physical or mental disabilities in adulthood that require additional care not needed during childhood.
If any of these situations sound familiar to you, you may have a claim through the courts to establish child support. A family law attorney can help you evaluate your options and determine the appropriate next steps.
Footnote
1. Castle v. Castle, 15 Ohio St. 3d 279 (1984).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
