NEW CHILD SUPPORT LAWS IN MARYLAND

As of October 1, 2025, Maryland made some important changes to child support laws that may affect families involved in a pending or future divorce, custody, and/or modification of custody case. The biggest takeaway is that you can no longer "waive child support."

Here’s what you need to know:

Multifamily Adjustment – Maryland revised the definition of "adjusted actual income". Now, the Court can include an allowance for additional children in a parent’s home – this is a significant departure from the old law. The Court has discretion to include, or not, the additional children allowance based on the best interest of the child at issue.

Houser v. Houser (2024) – Is a recent case which stands for two important concepts:

• Parents cannot waive child support, even in cases that are uncontested. Child support is a right held by the child(ren), not parents.
• Parents are not able to bargain or negotiate away their duty to support their child.

Matter of Marriage of Houser (2025) – Following the Houser v. Houser case, this subsequent case further explains:

• Parents cannot waive child support if custody is brought before the Court for determination (even if child support was not brought up by either party).
• Parents have rights to determine the care, custody, and management of their child(ren). However, these rights do not include the right to waive child support. Child support is a right held by the child(ren), not parents.
• Parent’s inability to waive child support does not infringe on parent’s other rights.
• If parents are able to prove to the Court that ordering child support would be unjust or inappropriate, the Court has the discretion to make exceptions to the waiver of child support. The Court can consider certain financial considerations between the parties related to the child(ren). Some of these financial considerations include terms about mortgage payments or other marital debts, payment for college education expenses, or any direct payments made for the benefit of the children agreed upon between the parties. Further, parents can request that the Court consider the expenses of other children they owe a duty of support to – although that cannot be the only reason they present to the Court.

If you have an issue regarding child support with the other parent of your child, irrespective whether you are married to that person or not, please give us a call. We can help.