Child Support for Children with Disabilities in Ohio: What Families Need to Know

Any legal matter involving families and children is never easy. For parents of children with disabilities- whether those children are minors or adults- the emotional and legal challenges are even more complex. Fortunately, Ohio law provides tools to help families ensure continued support for a child with special needs. If you're navigating a legal matter involving a child who cannot live independently due to a mental or physical disability, it’s important to understand your rights and the authority courts have to ensure that support continues into adulthood.

In most cases, child support in Ohio ends when a child turns eighteen or graduates from high school, whichever is later. When a child has a significant mental or physical disability that began during childhood that prevents them from being self-supporting, child support can continue. These individuals are known as Castle children, based on a legal standard that defines them as dependents unable to care for or financially support themselves due to a qualifying metal or physical disability. The name comes from a case decided by the Ohio Supreme Court, Castle v Castle, 15 Ohio St.3d.279, 473 N.E.2d 803 (Ohio 1984). It is up to the parties, or a court, to decide if the child meets the standards where continued child support is appropriate.

Recent updates to Ohio law have clarified and strengthened the ability of courts to issue or modify support orders for Castle children, even when those individuals are already adults at the time the legal action is filed. This is a crucial shift, as courts were previously divided on whether they could intervene in these situations when a child had already turned eighteen at the time his parents divorced. The law now makes clear that families do not lose access to support options simply because of timing. Support can be continued indefinitely so long as the child remains unable to support himself. On the other hand, a support obligation may be terminated if there is clear evidence that the adult child’s condition has improved and they are capable of financial independence.

During or after a divorce or custody case, parents should think carefully about how they will make joint decisions regarding their child’s medical care, education, and daily needs. Legal guardianship may be necessary once the child turns eighteen,

especially if they are unable to manage their own affairs. Clear court orders or agreements that allocate medical and therapy costs can help avoid future conflict. Financial planning is equally important. Life insurance and special needs trusts may be appropriate tools to provide for your child in the long run without jeopardizing their eligibility for government benefits. These steps can be discussed during the legal process or with the help of a trusted financial or estate planning advisor.