Defining “Castle Child” Status in Ohio Castle Child Legislation Updates
Key Changes in Ohio Castle Child Legislation Updates for Families with Disabled Adult Children
Brief Background:
40+ years ago I had the pleasure to become acquainted with Julie Castle, her Mother Carla and Uncle Charlie. Julie was was nearly 14 years old when her parents Carla and Don were divorced in 1977. Mom received custody and Father, a tool maker, chose to have little contact with Julie, in part because she was mentally and physically disabled and could be difficult to control. Julie received Supplemental Social Security income benefits and very minimal child support from her Father.
I got to know Julie and started representing her Mother when Father sought to terminate his support obligation as Julie approached 18, even though cognitively Julie was similar to a 5 or 6 year old and totally unable to ever take care of herself. That arduous litigation took us through the Montgomery County Domestic Relations Court several times, the Court of Appeals and finally the Ohio Supreme Court in the summer of 1984. In Ohio at that time, there was a common law duty for parents to support a disabled child.
Most Courts interpreted the law that such obligation ended at the child’s age of majority or age 18 even if the child had no way to care or support him/herself. Carla Castle sought justice under what has now become part of Ohio Castle Child Legislation Updates. As a result of Carla Castle’s persistence that the law ending the support obligation at 18 was wrong and unfair for disabled children like Julie, we spent hundreds of hours litigating this matter which on December 31, 1984 resulted in a landmark Ohio Supreme Court decision.
I remained in contact with Carla on and off until she passed away in 2022 at age 85. Being able to help Julie and her wonderful family was a joy. I have of course followed this law since. I was pleased to see that it was codified by the Ohio legislature in 2001 as O.R.C. Section 3119.86.
Summary of the Present Pending Legislation in Ohio:
The Supreme Court held that there is a legal duty for parents to continue to support their disabled children beyond the age of majority for as long as the child remained disabled and not self-sufficient. The case established the term “Castle child” for children who are unable to support themselves after reaching adulthood. Click here to read the Castle Decision.
Ohio Senate Bill 176 aims to provide a legal framework that recognizes the unique circumstances faced by families with disabled children who may require prolonged support past the age of 18, specifically with regards to their entitlement to child support payments. As part of Ohio Castle Child Legislation Updates, this bill aims to amend several sections of the Revised Code to allow for child support orders to be issued, modified, or extended for children over the age of 18 who have a disability.
The bill defines eligible individuals as “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.” This update to Ohio Castle Child Legislation Updates seeks to address the needs of disabled adult children and ensure ongoing financial support.
This bill does two things: amend the statute’s pre-existing sections, and incorporate new components or sections. The sections of the bill that are to be amended generally outline the definitions and circumstances for establishing and modifying child support orders, such as children over the age of majority but still in high school. The amendments will clarify that support can extend to adult children with disabilities, thus changing existing child support frameworks to better serve families in these situations. The bill defines an eligible adult child as one unable to care for or support themselves due to a physical or mental disability, a key addition to Ohio Castle Child Legislation Updates.
Future Implications of Ohio Castle Child Legislation Updates in Ohio
The new sections of the bill mainly outline criteria for determining eligibility for continued support and how the court should proceed in such cases. To determine an adult child’s eligibility, the bill uses the language set forth above, namely a person who is unable to care for or support themselves due to their physical or mental disability. Additionally, the bill sets forth the process by which parents can request modifications to their existing child support order due to changes in circumstances, specifically an increase or decrease in their child’s needs, or the family’s financial circumstances.
The bill also outlines the duration of such support, stating that ongoing assessments may be permitted to ensure that the amount of support being paid remains appropriate. If the child at some point is no longer deemed unable to care for themself, they would no longer be eligible for support payments.
S.B. 176 has already been introduced and passed by the Senate. It has also been introduced in the House where it is currently being reviewed in the House Civil Justice Committee. From what I hear and read, it will likely be passed by the House and then it will be sent to Governor DeWine to approve. This would mark a significant advancement in Ohio Castle Child Legislation Updates. Click here to read the entire bill.
Conclusion:
Throughout my 45 year legal career in Dayton, I have actively been involved with child related issues. I have served as the President of For Love of Children (FLOC), on the Montgomery County Children Services Board, Treasurer of the Dayton Children’s Hospital Foundation Board, and for decades as a State Level Review Officer reviewing decisions pertaining to providing proper education of exceptional children throughout Ohio. In addition, on the personal side, I have tried to be a good father to my 2 sons and now looking forward to seeing my 2 grandchildren in Texas more often!
Children deserve us all advocating for them!
PUBLISHER’S NOTE:
I want to thank Krista Gliszczynski, a third-year student at the University Of Dayton School of Law, for contributing the legal summary to this article. Krista is clerking with Holzfaster, Cecil, McKnight & Mues this semester. You will be reading more from her in the weeks to come! Well done Krista!
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
