Legal Question in Family Law in Maryland
Child Support
My friends son will be 18 December 31, 2000. His
son has to repeat the 12th grade. His ex-wife is
threatening to sue if he does not pay another year of
child support. My friend is under the impression his
obligation for child support ends when the child is
18. What does Maryland Law stipulate?
3 Answers from Attorneys
Re: Child Support
In most cases a parent's legal obligation to pay child support ends when the child reaches the age of majority- in Maryland, eighteen years. Often the child is a few months away from finishing high school when he turns eighteen, and in my experience a majority of non-custodial parents agree, sometimes half-heartedly, to pay the few extra months of child support, until the child finishes high school. I believe the main motivation for the payments is the desire to maintain a good relationship with the child and to be invited to the wedding in a few years. There are some circumstances in which the obligation extends, by law, beyond age eighteen. If the child lives in another state where the age of majority is older than eighteen, the obligation of a Maryland parent will continue until the child is legally an adult in the state where the child lives. Another exception is the law regarding a "destitute adult child." If the destitute adult child is in Maryland and has a parent in Maryland who has the resources, or is able to earn sufficient income, the parent may not refuse to provide the destitute adult child with food, shelter and clothing. This law works both ways: if the parent in the state of Maryland is destitute and has an adult child with sufficient means, or the ability to earn sufficient means,the adult child may not neglect to provide the destitute parent with food, shelter, care and clothing. A violation of this law on either side is a misdemeanor with a possible penalty of a $1000 fine and/or up to a year in jail. The destitute adult child or destitute parent is defined as a person with no means of subsistence who cannot be self-supporting due to mental or physical infirmity or, in the case of the parent, old age. This may in some cases be a motive to help your child get a good education.
Re: Child Support
In most cases a parent's legal obligation to pay child support ends when the child reaches the age of majority- in Maryland, eighteen years. Often the child is a few months away from finishing high school when he turns eighteen, and in my experience a majority of non-cusodial parents agree, sometimes half-heartedly, to pay the few extra months of child support, until the child finishes high school. I believe the main motivation for the payments is the desire to maintain a good relationshiiip with the child and to be invited to the wedding in a few years. There are some circumstances in which the obligation extends, by law, beyond age eighteen. If the child lives in another state where the age of majority is older than eighteen, the obligation of a Maryland parent will continue until the child is legally an adult in the state where the child lives. Another exception is the law regarding a "destitute adult child." If the destitute adult child is in Maryland and has a parent in Maryland who has the resources, or is able to earn sufficient income, the parent may not refuse to provide the destitute adult child with food, shelter and clothing. This law works both ways: if the parent in the state of Maryland is destitute and has an adult child with sufficient means, or the ability to earn sufficient means,the adult child may not neglect to provide the destitute parent with food, shelter, care and clothing. A violation of this law on either side is a misdemeanor with a possible penalty of a $1000 fine and/or up to a year in jail. The destitute adult child or destitute parent is defined as a person with no means of subsistence who cannot be self-supporting due to mental or physical infirmity or, in the case of the parent, old age. This may in some cases be a motive to help your child get a good education.
Re: Child Support
As a general rule, child support terminates when the child reaches the age of 18. However, this can be modified by the parties by a separation agreement, or other contract, or by order of the Court in the Divorce Degree.