Child Support: A Child’s Right And A Parent’s Obligation

Parents have a legal obligation to support their minor children. Federal law directs states to establish child support guidelines and review them every four years. Maryland law sets forth a comprehensive set of considerations in its guidelines.

One purpose of the guidelines is to make sure that the amount provided for in an award of child support comports with the actual cost of raising a child, is consistent across various jurisdictions, and is equitable. As a family law practitioner for over 37 years, I have helped many divorcing parents obtain and provide the appropriate amount of support for their children under these complicated child support guidelines.

Our highest court, the Supreme Court of Maryland, recently granted certiorari, in “In re Marriage of Houser,” to review a case in which the parents agreed between themselves to waive child support and support arrears for their young child. In the usual divorce, the parties will negotiate and reach a settlement agreement that addresses all issues of property division, child custody, both legal and physical, and child support.

In “Houser v. Houser,” (2022), however, the parties had entered into three separate agreements, splitting up property, child custody and child support. The child support agreement provided that each party would support their young child when he was “in their respective care and custody,” thereby waiving approximately $2,205 per month in child support from the father to the mother and approximately $41,708 in back due child support.

In divorce cases, not surprisingly, parties will disagree about matters, especially those related to their children. As a result, in “the state’s role … as the protector of those who cannot protect themselves, ‘it is the duty of a court to consider the child’s best interest in matters pertaining to child support.’” Thus, the law directs that “a court must award the amount of child support dictated by the guidelines unless it determines that ‘the application of the guidelines would be unjust or inappropriate in a particular case’” based on specific findings.

“Parents may not bargain away their legal obligation to support their minor children,” and “judges have an obligation to assure that children do not suffer because of any disparate bargaining power of their parents.” Accordingly, the Circuit Court for Anne Arundel County ordered the father to pay child support in accord with the child support guidelines.

Both parties appealed. They framed the issue as a constitutional one involving their “fundamental right … to make decisions concerning the care, custody and control of their children.” The appellate court had rejected this argument and distinguished this liberty right from the legal obligation to support a minor child. It will be interesting to see what the Supreme Court decides.

Maryland courts always retain the power to modify child support, based upon a showing of a material change in circumstances. Typically, a change in circumstance, which allows a court to revisit child support, involves job loss, significant changes in income and/or substantial changes in a minor child’s financial needs. If you or your ex-spouse has recently become unemployed, it may be time to review an order of child support.

Child support is one of many issues to address when a marriage falters. Certainly, if you find yourself contemplating separation or divorce, you will have questions about support and other issues. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions. If you need further information regarding this subject, contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville. Call 410-244-1189 or email david@diggslaw.com.