Parents have considerable, but not unfettered, discretion when entering into agreements as to custody of and decision making about their children. However, as a recent decision demonstrates, judges will not hesitate to set aside agreements that relieve one parent of child support obligations that the law otherwise imposes. And, judges will also take an expansive view of parental income to maximize the amounts awarded as support.
Spouses Cannot Negotiate Away Child Support Obligations During A Divorce
In a recent court case, the parents of a five-year-old child agreed that the father would have no obligation to pay child support even though the mother would have primary physical custody and the father's income was more than twice the mother's.
The parents argued that their agreement was in the best interest of their child and that the court's refusal to accept their agreement was a violation of their fundamental right to direct the care, custody, and control of their child.
The Appellate Court of Maryland held that, even if parents have an agreement regarding child support, the court must apply the legally required child support guidelines unless the court finds that doing so would be unjust or inappropriate. Although the court itself may deviate from the guidelines, Maryland courts do not permit parents to agree privately to waive child support altogether.
Veteran's Disability Benefits Are "Actual Income" To Include in Child Support Calculations
The determination of child support in Maryland is based on many factors, including the requirement that support be calculated between the parents in proportion to their actual incomes. Under Maryland law, actual income is defined as income from any source.
In another recent case, the father argued that his veteran's disability benefits should be excluded from his actual income because those benefits are specifically intended for the service member who earned them. The Appellate Court of Maryland ruled that a veteran’s disability benefits are actual income for purposes of calculating child support.
The takeaway from both cases is that Maryland courts will not accept attempts to reduce or eliminate child support except in rare circumstances. And, that even consensual agreements between parents cannot abrogate a child’s right to financial support.
If you have questions about child support or other family law issues, please contact Ferrier Stillman or Keri Kemmerzell at Tydings. The firm has offices conveniently located in downtown Baltimore and Towson. Ferrier, Keri, and the family law team at Tydings have provided exceptional representation for men and women in complex family law cases for decades.