Legal Question in Family Law in Maryland
Child Support
In a divorce case where there are minor children involved, can the parties forgo the child support issue all together and just get a divorce without child support being awarded to one or the other? The mother has custody of the minor children, but isn't asking for child support. Will the judge make an issue of the child support even if it isn't brought up in the filings?
2 Answers from Attorneys
Re: Child Support
At the time of divorce a Judge in Maryland is required to consider the child support guidelines, and therefore child support, even if child support is not requested.
Re: Child Support
Child support must be considered where there are children involved
with parents obtaining a divorce. The State has a vested interest in ensuring
that this occurs as the children may otherwise become an addition to
the public assistance roles. The Court has an obligation to the State to ensure that
those who are able to pay child support do indeed do so. The Court also has an obligation
to the children to ensure that they are provided with subsistence, at a minimum, and any other
benefit that should reasonably be extended. Maryland applies a formula to determine child support.
All this being said, child support is not always awarded for every case. Consider that joint custody may often
result in child support not being awarded since each parent is expected to bear their proportional cost of supporting the children.