LEGAL ALERT: Expanding the Ohio ‘Castle Doctrine’ – Ohio HB338 Signed into Law!

Ohio Castle Doctrine expansion

Championing Change: How HB338 Expands the Ohio Castle Doctrine to Protect Disabled Children

Gavel on a legal document symbolizing the Ohio Castle Doctrine expansion and HB338 legislation signed into law in 2024On 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

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Updates on “Castle Child” Legislation in Ohio

Ohio Castle Child Legislation Updates for disabled adult child support rights

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:

Ohio Castle Child Legislation Updates for disabled adult child support rights40+ 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.

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