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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