In the recent Maryland appellate court decision of Houser v. Houser, the Court reaffirmed parents’ obligation to support their children in conformity with the Child Support Guidelines. Because the state has an ongoing obligation to protect children, public policy dictates that parents should generally pay the state-mandated child support amount.
Going forward, the following principles will apply when considering support obligations:
1) Child support cannot be waived
• Maryland courts have firmly held that parents cannot waive child support, even if both agree – because child support belongs to the child, not the parents.
• Parents cannot bargain it away in agreements (prenups, settlements, or custody agreements).
• Courts must independently evaluate and impose support when appropriate, regardless of the parents’ wishes.
Bottom line: Any agreement that sets child support to $0 or tries to eliminate it is generally unenforceable.
• Courts must independently evaluate and impose support when appropriate, regardless of the parents’ wishes.
Bottom line: Any agreement that sets child support to $0 or tries to eliminate it is generally unenforceable.
2) Courts must follow (or justify deviating from) the mandatory Maryland child support guidelines
• Courts can deviate, but only if there is a strong deviation and the result serves the child’s best interests.
Bottom line: Parents agreeing to a different number is not enough by itself.
3) “Income” is defined very broadly
• “Actual income” can include more than just wages or salary, such as disability payments, benefits, and other financial resource
• “Actual income” can include more than just wages or salary, such as disability payments, benefits, and other financial resource
• Courts look at ability to pay, not just reported earnings.
• Voluntary impoverishment (if a parent reduces income intentionally, courts can impute higher income)
• Voluntary impoverishment (if a parent reduces income intentionally, courts can impute higher income)
Bottom line: You generally can’t avoid support by limiting or redefining your income.
Important Takeaways:
• You cannot waive child support in Maryland
• Courts—not parents—have final authority
• Income is interpreted broadly to ensure fair support
• The child’s best interests always come first
For our clients, here is a practical breakdown of what these rulings might mean in real life:
1) “We agreed to no child support” – Two parents split custody (often 50/50) and agree that neither will pay support.
What happens now: A judge can reject that agreement outright and require that the child support guidelines be used.
2) Divorce or separation agreements states “Both parties waive child support now and in the future.”
2) Divorce or separation agreements states “Both parties waive child support now and in the future.”
What happens now: The clause is unenforceable and either parent could go to court later and request child support.
3) High–income or “amicable” co–parenting situations – “We both make good money—we’ll just handle expenses ourselves.”
What happens now: The court will still calculate support and decide what’s fair. Even wealthy parents can’t opt out entirely.
4) One parent reports very low income – but lives a more expensive lifestyle.
What happens now: Courts can consider disability benefits, pensions, financial support from others, lifestyle evidence and impute a higher income to the Payor – with the goal of preventing the payor from quitting a job, underreporting income, or shifting money to avoid support.
These decisions reinforce that:
• Child support belongs to the child—not the parents
• Judges are gatekeepers, not just rubber stamps
• Income is about real financial capacity, not just a paycheck
4) One parent reports very low income – but lives a more expensive lifestyle.
What happens now: Courts can consider disability benefits, pensions, financial support from others, lifestyle evidence and impute a higher income to the Payor – with the goal of preventing the payor from quitting a job, underreporting income, or shifting money to avoid support.
These decisions reinforce that:
• Child support belongs to the child—not the parents
• Judges are gatekeepers, not just rubber stamps
• Income is about real financial capacity, not just a paycheck