For years, Ohio parents raising a child with a serious disability faced a frustrating gap in the law. If a child support order was already in place when the child turned 18, a court could continue it. But if no order existed, parents were often told it was too late to ask for one. A 2025 change to Ohio law closes that gap. Under House Bill 338, Ohio courts can now establish a brand new child support order for a disabled adult child, not just extend an old one. For families who care for these children full time, the change is significant.
This matters most for parents who never needed a formal support order while their child was young, only to face mounting costs once the child became an adult who could not live independently. At Klie Law Offices, our child support attorneys help families in Canton and across Stark County understand when this new authority applies and how to pursue it. This article explains what HB 338 changed, who qualifies, how the process works, and what parents should prepare.
What Did House Bill 338 Change?
HB 338 amended Ohio Revised Code 3119.86, the statute governing child support for children who cannot support themselves because of a physical or mental disability. Before the amendment, courts generally could only continue an existing support obligation past the age of majority. The practical effect was harsh: if parents had not obtained an order before the child turned 18, they were frequently left without a remedy.
The bill codified the reasoning of the Ohio Supreme Court’s decision in Castle v. Castle, which recognized a parental duty of support for adult children who became disabled before reaching adulthood. HB 338 makes clear that a court may establish a new order for a disabled adult child, giving parents a path that did not reliably exist before. The change took effect on March 20, 2025.
Importantly, the support still runs through Ohio’s existing framework. It is calculated under the state’s income shares model, the same approach used for minor children, and a court can deviate upward where a child’s disability creates extraordinary needs. If you want to understand how the underlying numbers work, our explanation of Ohio child support calculations walks through the formula in detail.
Who Qualifies Under the New Law?
Not every adult child qualifies for support under ORC 3119.86. The law is focused on adults who cannot be self-supporting because of a disability that existed before they reached adulthood. Courts generally look for the following:
- The child has a physical or mental disability that prevents self-support.
- The disability arose before the child turned 18, rather than developing later in adult life.
- The child is genuinely dependent on a parent or caretaker for ongoing support.
These cases are fact specific. A young adult with a significant developmental disability who lives at home and cannot hold competitive employment presents very differently from an adult whose condition emerged well into their twenties. Because the timing and nature of the disability drive the outcome, documentation is central. If your family situation also involves decision-making for an adult who cannot manage their own affairs, you may need to consider legal guardianship alongside a support request.
How the Process Works in Ohio
Establishing support for a disabled adult child follows a path similar to other family court matters, with added attention to medical and functional evidence.
- Confirm eligibility. Before filing, gather the records that show the disability, its onset before adulthood, and the child’s inability to be self-supporting.
- File the request. The parent seeking support files in the appropriate Ohio court. In our area, that is typically the Stark County Family Court division that handles domestic relations matters.
- Exchange financial information. Both parents provide income and expense documentation so the court can apply the income shares model.
- Present evidence of need. The court reviews the disability, the child’s needs, and the cost of care to decide the amount, including any upward deviation.
- Order and review. The court issues an order that can later be modified if circumstances change.
These matters can overlap with earlier orders and prior custody arrangements. If you already have existing family court orders that need to be revisited, our team handles custody and support modifications and can align the pieces so nothing falls through the cracks.
What Parents Should Prepare
The strength of a request under HB 338 usually comes down to documentation. Parents who arrive organized give the court what it needs to rule in their favor. Consider assembling the following before you file:
- Medical records and evaluations establishing the diagnosis and its onset before age 18.
- Records showing the child’s functional limitations and inability to work competitively.
- A realistic budget for the child’s care, including therapies, medication, supervision, and daily living costs.
- Documentation of any public benefits the child receives, since these interact with support.
- Your own income and expense records for the support calculation.
One caution worth noting: support for a disabled adult can affect eligibility for needs-based public benefits. This is an area where careful planning matters, and it is worth discussing with an attorney before you file rather than after an order is already in place.
A Common Mistake Parents Make
In our experience, the most frequent misstep is waiting too long to act on the belief that nothing can be done. Parents are often told, sometimes years ago, that support ends at 18, and they never revisit the question even after HB 338 changed the landscape. By the time they learn the law is different, they have absorbed significant out-of-pocket costs that a support order could have addressed. Another common error is failing to coordinate a support request with the child’s public benefits. Because programs like Supplemental Security Income and Medicaid consider income and support, an order entered without planning can unintentionally reduce or interrupt benefits the child relies on. Addressing both pieces together, ideally before filing, protects the family’s overall financial stability rather than solving one problem while creating another.
Local Context for Stark County Families
Families in the Canton area file these matters through the Stark County court system, and local practice shapes how a case unfolds. From our Canton, Ohio office, we help parents present these cases in a way that reflects both the medical reality of their child’s needs and the requirements of Ohio law. Because HB 338 is still relatively new, some parents and even some professionals are unaware that establishing a new order is now possible. That makes it all the more important to work with counsel who is current on the change.
If your family is spread across the region, remember that Ohio and West Virginia handle these issues under different statutes. Our attorneys practice in both states, so families near the border do not have to guess about which rules apply. Our comparison of Ohio and West Virginia family law differences is a helpful starting point if your situation touches both.
Frequently Asked Questions
My child is already over 18 and I never had a support order. Can I still ask for one?
Possibly. That is exactly the gap HB 338 was designed to address. If your child’s disability arose before adulthood and prevents self-support, Ohio courts now have authority to establish a new order even though the child is already an adult. An attorney can review the specifics of your situation.
How is support for a disabled adult child calculated?
Ohio uses the same income shares model applied to minor children, based on both parents’ incomes. Because a disability can create extraordinary expenses, a court may deviate upward from the guideline figure to account for the child’s actual needs.
Does the disability have to have started before age 18?
Generally, yes. The law focuses on adults who became disabled before reaching adulthood and therefore never achieved the ability to support themselves. A condition that first arises well into adult life is treated differently.
Will child support affect my child’s public benefits?
It can. Needs-based benefits often consider income and support, so an order can have unintended effects on eligibility. This is why planning ahead with an attorney, and sometimes coordinating with a special needs planning approach, is important before you file.
Which court handles this in the Canton area?
These matters are filed in the Stark County court system that handles domestic relations and family issues. Local procedures affect timing and presentation, so guidance from an attorney familiar with the county is valuable.
Your Next Step
Ohio’s updated law finally gives parents of disabled adult children a clear path to the support their families need, even when no order was ever put in place. The key is understanding whether your child qualifies and building a well-documented request that reflects the true cost of their care.
Klie Law Offices helps families in Canton and throughout Stark County navigate child support for disabled adult children under HB 338. To find out whether this new law applies to your family, contact our Ohio family law team today to schedule a consultation.
