Legal Question in Family Law in Maryland
Child Support
My wife has agreed to leave as long as she does not have to pay child support. If she writes this into the seperation agreement, would I still be able to get support at a later time? If so, what time frame?
3 Answers from Attorneys
Re: Child Support
You may apply for child support and receive an award of child support any time the custody situation and respective gross monthly incomes support it. Private contractual waivers or reductions of child support are against public policy and unenforceable.
Re: Child Support
Any agreement that child support will not be paid is unenforceable in Maryland. The courts have held that a parent cannot bargain away the right of the child to support. If a separation agreement contains such a provision, a judge must refuse to accept it at the time of divorce, and the divorcing parties will be required to provide financial information so that child support can be calculated in accordance with the Maryland child support guidelines. If a separation agreement is signed providing for no child support, you could file for child support at any time, and the agreement would be no defense.
Re: Child Support
The court can always modify child support contrary to what the parties have agreed. So in answer to your question, yes, she could be forced to pay child support later even though you've agreed otherwise.