Championing Change: How HB338 Expands the Ohio Castle Doctrine to Protect Disabled Children
On October 26, 2024, I posted a legal alert blog here, regarding pending Ohio Senate legislation focused on the Ohio Castle Doctrine expansion. Click here to read it. On Thursday December 19, 2024, Governor Mike DeWine signed HB338 into law. I wanted to share this excellent news on this important family law development!
The new law allows a court to issue or modify a child support order for the care of a child who is a person with a disability as part of a divorce/dissolution, regardless of whether the child is over the age of 18 when the parents” divorced. It clarifies a split amongst the Ohio appellate districts about whether a court can order child support if the child is over 18 but has had a disability since they were a minor (and are not self-supporting). It’s an extension of the current Castle doctrine. It is important to note that the new law does not require a court to issue an order, it just allows them to consider whether such an order would be equitable and appropriate.
How the Ohio Castle Doctrine Expansion Impacts Child Support Orders/strong>
Click here to read the full text of HB338 and learn more about the Ohio Castle Doctrine expansion.
I know that the Family Law Committee of the Ohio State Bar Association worked very hard to support and accomplish the senate and house bills now becoming the law in Ohio. As the attorney who pushed this Castle case all the way from the start through the Ohio Supreme Court ending this hotly contested litigation in the summer of 1984, I am exceedingly pleased with this new expansion of Ohio law which better protects disabled children whose parents have terminated their marriages. I want to thank Governor DeWine, the bill”s sponsors, and all those who pushed so hard for it to become law!
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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.
