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?


Asked on 6/19/02, 7:15 pm

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.

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Answered on 6/19/02, 11:22 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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.

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Answered on 6/20/02, 9:08 am


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