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Earlier this year, the Supreme Court of Maryland issued a decision in a landmark case on child support. This clarification provided guidance on how child support works in Maryland. The question posed before our State’s Supreme Court was simple. In Maryland, can two parents formally waive a child support obligation without court approval? The Supreme Court answered that question, “No”.
The Supreme Court of Maryland held that in a divorce and custody proceeding, parents may not waive, even by way of bilateral agreement, the issue of child support. The Court emphasized that parents have a legal obligation to provide child support. This responsibility cannot be ignored or negotiated away. The right to receive that support belongs to the child, not the parents. Because of this, parents cannot bargain away or waive the child’s right to financial support under any circumstances.
The Supreme Court of Maryland explained that parents must convince the trial court that not ordering child support serves the child’s best interest. The judge must approve the waiver before the court allows it. Here is a link to the case, if you’d like to read it!
Whether you’re going through a current custody case or seeking a child support modification, a skilled family law attorney can help protect your rights and your family's well-being.
Need Help with Child Support in Maryland?
At Ruben Law Firm, we help parents across Maryland understand their rights, meet their obligations, and protect their families. If you are seeking child support or being asked to pay child support, we’ll guide you every step of the way.
