Executive Summary:
The Maryland Court of Special Appeals reaffirmed in Houser v. Houser (2024) that parents cannot waive child support, even if they agree and even if they try to use the “magic” language of “charged generally.” Child support is the child’s right, not the parents’. Courts must always run the Maryland Child Support Guidelines to determine an appropriate amount, ensuring the child’s financial needs are protected. Even in amicable divorces, this step is mandatory and cannot be skipped.
Every once in a while, I meet parents who want to keep things simple. They say, “We’ve agreed to skip child support. We’re fine. We don’t need the court involved.”
Sounds nice in theory, right?
The problem is that in Maryland, child support isn’t a private deal between parents. It’s a legal obligation owed to the child, and that means it’s not something parents can waive, even if they both agree.
The Maryland Court of Special Appeals made this crystal clear in Houser v. Houser (2024). The court reaffirmed that even fit, cooperative parents can’t “opt out” of child support. The court still has to review and run the numbers under the Maryland Child Support Guidelines because the law protects the child’s rights, not the parents’ preferences.
What Houser v. Houser Said
In Houser v. Houser, both parents agreed that no child support should be paid. They argued that as fit parents, they had the constitutional right to make that choice for their child.
The court disagreed firmly.
The ruling clarified that while parents can make many decisions about how to raise their children, they cannot contract away their child’s right to financial support. The court’s duty to protect the best interests of the child always comes first.
That means no matter how cooperative you and your ex are, or how fair your arrangement feels, the court must still run the guidelines before signing off on any agreement.
In short, Maryland law doesn’t recognize “no child support” as an option unless the numbers justify it.
Why the Guidelines Still Matter
Think of the Maryland Child Support Guidelines as the baseline. They ensure every child gets the financial support they’re entitled to, regardless of how the parents feel about it.
The guidelines consider things like each parent’s income, the cost of health insurance, daycare, and how much time each parent spends with the child. The result is a number the court uses as the presumptive amount of support.
Even if both parents earn good incomes or share custody 50/50, the court must still run the math. Only then can a judge decide if deviation is appropriate.
Skipping that step isn’t allowed, because it’s not just about the parents. It’s about making sure the child’s needs are covered today and protected for the future.
“But We’re Both Financially Stable. Do We Still Have To?”
Yes.
Even if neither of you needs the money right now, the guidelines still have to be calculated. Why? Because life changes.
If you’ve set your support at zero without running the guidelines, and something changes down the road, the court has no baseline to modify from. That creates confusion, more filings, and more money spent trying to fix something that should’ve been done correctly the first time.
As I often tell clients: it’s not about today’s comfort, it’s about long-term protection.
The Reality Check
Here’s the bottom line:
- You can’t waive child support in Maryland.
- The court must run the guidelines in every case.
- Even when parents agree, judges have an independent duty to confirm that any agreement serves the child’s best interests.
This might sound rigid, but it’s there for a reason. It keeps one parent from being pressured into giving up support and ensures the child always comes first.
If you’re working through a divorce or custody agreement, don’t skip the support discussion. The guidelines are there to give everyone, especially your child, stability and predictability.
If you live in Baltimore, Harford County, or near Locust Point or Federal Hill, and you’re unsure how Houser v. Houser or the Maryland guidelines affect your agreement, now’s the time to reality-check it. The court’s job isn’t to make sure you feel okay, it’s to make sure the child is okay.
At the Law Office of Wendy S. Meadows, I’ll help you make sure your agreement aligns with Maryland law while keeping things as fair, efficient, and drama-free as possible. Let’s make sure your plan actually holds up in court and keeps your child protected long-term.
Law Office of Wendy S. Meadows, LLC
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