Issues like finances and child support can create challenges even for parents who want to handle their divorce or custody arrangements amicably. Some couples may even be under the (false) impression that child support can be waived if they both agree.
However, in Maryland, child support is not a private contract between parents — it’s a right that belongs to the child. That means even if both parents are financially stable, or both agree that no support is needed, the court has the final say.
A 2024 Maryland case, Houser v. Houser, reaffirmed this long-standing rule. The Maryland Court of Special Appeals made it clear: fit parents cannot waive child support entirely, even if they both agree to it. The court’s independent duty to protect the child’s best interests always takes priority — even over parents’ joint wishes.
Why Child Support Cannot Be Waived
Maryland law has long held that child support is the right of the child, not the parents. Courts are required to review any agreement to waive or reduce child support and determine whether it serves the child’s best interests — not just whether the parents like the arrangement.
In Houser v. Houser, the parents agreed that no child support would be required. They argued that, as fit parents, they should have the constitutional right to make that decision for their child. The court disagreed, explaining that while fit parents have the right to make many decisions about their children, the obligation to financially support a child cannot be waived.
The court cited decades of Maryland case law holding that parents cannot contract away a child’s right to support. Even in amicable divorces, a judge has the authority to order child support if it is needed to protect the child’s best interests.
Maryland Law Requires Both Parents to Contribute
Maryland’s child support laws are built on the idea that both parents share financial responsibility for their children. Even if one parent earns significantly more than the other — or even if both parents earn plenty to support the child comfortably — the court still expects both to contribute in proportion to their incomes.
Circumstances can change quickly — from job loss to medical issues to unexpected expenses. A sound child support arrangement helps protect the child’s financial future and avoids putting all the responsibility on one parent down the line.
How Child Support Is Used and What Happens If Payments Are Not Made
Some people may have concerns about how child support payments are spent, while others may feel entitled to this information because they are paying for it. Maryland does not require the receiving parent to provide an itemized breakdown of how the money is spent. Courts assume child support goes toward housing, food, clothing, education, and extracurricular activities. The paying parent cannot demand receipts or an explanation of spending.
Failure to pay child support comes with serious consequences. Maryland courts can enforce payments through various legal measures, including wage garnishment, suspension of driver’s and professional licenses, tax refund interception, and contempt of court proceedings. Parents who consistently fail to make payments could face significant penalties, including potential jail time. If circumstances change and you cannot make payments, contact an attorney immediately to discuss whether you can pursue a post-judgment modification.
What About Waivers for Other Financial Rights — Like Alimony or Retirement Benefits?
Unlike child support, alimony and retirement benefits can be waived in a divorce settlement if both spouses agree. Alimony waivers must be clear, in writing, and signed voluntarily, often as part of a Marital Settlement Agreement (MSA). Spouses can also waive rights to pensions, 401(k)s, and other retirement benefits, as long as there’s full disclosure and the terms are clearly spelled out.
It’s important to understand the difference: Alimony and retirement benefits are financial rights that belong to the spouses, so they can choose to waive them. Child support belongs to the child, which means parents cannot waive it — even if they both agree. Maryland courts, including in Houser v. Houser (2024), have made it clear that child support is about the child’s best interests, not the parents’ preferences.
Divorces Don’t Have To Be Contentious
If you’re unsure about your child support obligations or want to create a clear, fair agreement that works for your family, we can help. Whether you’re going through a divorce, separation, or updating an existing agreement, we’ll guide you through the process — focusing on collaborative solutions that meet your child’s financial needs without unnecessary conflict.
At the Law Office of Wendy S. Meadows, we specialize in amicable divorces, mediation, and cooperative co-parenting agreements — helping families stay out of court whenever possible. If you have questions about child support, custody, or other family law matters, contact us today to schedule a consultation. Together, we’ll work toward a resolution that protects your child’s future while keeping the process respectful and manageable for everyone involved. Contact our office today to see how we can help.
Law Office of Wendy S. Meadows, LLC
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