Can a parent voluntarily waive receiving child support in Maryland?

The short answer is “no,” under current Maryland court precedent.  In the recent case of Houser v. Houser, two parents who had one child born in 2018, formed an agreement under which:

• The mother waived her right to be paid child support from the father, including $40,000 in arrears
• The parents agreed that child support could not be modified for at least 24 months
• The father agreed to pay for the child’s health insurance
• The mother agreed to pay the first $6,000 in extraordinary medical expenses, with expenses over $6,000 being equally split between the parents
• The mother agreed to pay for the child’s extracurricular activities, and
• The mother agreed to pay for all work-related childcare expenses

The court rejected this agreement, finding that it was not in the child’s best interest. The decision was based on the fact that the father earned double the income of the mother. Therefore, the mother would be entitled to child support of $2,105/month under the Maryland Child Support Guidelines.

The parties appealed the judge’s refusal, but in June of 2025, the Supreme Court of Maryland affirmed the decision of the trial court. It was held that a parent’s fundamental right to dictate the care, custody, and management of a minor child does not supersede the child’s right to be supported financially after a divorce and custody case has been initiated.

In Maryland, when the issue of custody of a minor child is brought before the court, child support is also considered, whether either of the parents raised it or not. A Maryland court has an obligation to determine the amount of child support that is in the best interest of the child, not the parents.

If you have questions about child support, the attorneys at Lewicky, O’Connor, Hunt & Meiser LLC can help. Schedule a consultation today.