Ohio Code 3119.86 – Continuing support obligation beyond child’s eighteenth birthday
(A) Notwithstanding section 3109.01 of the Revised Code, both of the following apply:
Terms Used In Ohio Code 3119.86
- Administrative child support order: means any order issued by a child support enforcement agency for the support of a child pursuant to section 3109. See Ohio Code 3119.01
- Child: includes child by adoption. See Ohio Code 1.59
- Child support order: means either a court child support order or an administrative child support order. See Ohio Code 3119.01
- Support order: means either an administrative child support order or a court support order. See Ohio Code 3119.01
(1) The duty of support to a child imposed pursuant to a court child support order shall continue beyond the child’s eighteenth birthday only under the following circumstances:
(a) The child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself.
(b) The child’s parents have agreed to continue support beyond the child’s eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution.
(c) The child continuously attends a recognized and accredited high school on a full-time basis on and after the child’s eighteenth birthday.
(2) The duty of support to a child imposed pursuant to an administrative child support order shall continue beyond the child’s eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child’s eighteenth birthday.
(B) A court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues under circumstances described in division (A)(1)(a) or (b) of this section for any period after the child reaches age nineteen. An administrative child support order shall not remain in effect after the child reaches age nineteen.
(C) If a court incorporates a separation agreement described in division (A)(1)(b) of this section into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child’s parents have agreed support should terminate.
(D) A parent ordered to pay support under a child support order shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.