In In the Matter of the Marriage of Houser (Sept. Term 2024), the Supreme Court of Maryland addressed whether parents can agree to waive child support completely.
Background of the Case
The parties were married in 2012 and have one minor child born in 2018. Following their separation, both filed for divorce in 2020. At trial in January 2023, the parties submitted three agreements to the Circuit Court for Anne Arundel County: a Property Settlement Agreement, a Custody & Parenting Agreement, and a Child Support Agreement. Custody was shared, with the mother having slightly more time with the child. In the child support agreement, the parties attempted to waive all future child support payments and forgive any existing arrears.
They explained that both were financially independent and had been supporting the child on their own. The agreements reflected their personal arrangements rather than a standard child support obligation.
How the Lower Courts Responded
The trial court questioned whether waiving child support and arrears was truly in the child’s best interest. The parents argued that the agreements were mutually beneficial, emphasizing cooperation and financial independence. However, the court concluded that the waiver primarily served the parents’ interests rather than the child’s and ordered the father to pay ongoing child support plus arrears. The Appellate Court affirmed that decision, and the Supreme Court of Maryland eventually reviewed the case.
Key Principles Clarified by Supreme Court
The Supreme Court’s decision clarified several points about child support and parental agreements in Maryland:
Child support is a right held by the child, not the parent. Parents cannot bargain away a child’s statutory entitlement, and any agreement to waive child support or arrears is not binding if it conflicts with the child’s best interests. While parents have fundamental rights to direct the upbringing, care, and custody of their children, those rights do not extend to avoiding legally mandated support. Maryland law requires courts to use child support guidelines, and while courts may adjust amounts in “above-guidelines” cases, deviations must be justified based on the child’s best interests. Parental agreement or financial independence alone is insufficient.
Implication for Maryland Families
This decision has several implications for families navigating custody and support matters in Maryland. Agreements alone cannot override statutory child support obligations. Even mutually agreeable arrangements that waive child support must be reviewed by the court to ensure they truly serve the child’s needs. Financial independence is not enough to eliminate the obligation, as child support calculations remain rooted in statutory guidelines and require evidence that any deviation benefits the child. Even in higher-income cases, parents must provide compelling justification for non-standard support arrangements to ensure they align with the child’s best interests.
For anyone pursuing legal action involving child custody or child support in Maryland, the Houser decision reinforces that child support is a legal right of the child, not a private parental contract. Any agreement must reflect the child’s best interests and comply with state guidelines.