Child Support in Maryland: What’s Changing and Why It Matters

Two recent legal developments have changed how the court handles child support in Maryland. One is a legislative change that amended the law. The other is a decision by the courts. If you're trying to figure out how child support in Maryland is calculated, or whether an existing order should be modified, here's how the new rules could impact you.

Key Takeaways

• The multifamily adjustment includes additional supported children in child support calculations.
• The new multifamily family adjustment does not automatically change child support payment requirements.
• Recent court rulings affirmed that parents cannot waive child support obligations.
• Child support can be requested to be modified after certain significant changes have occurred or after the passage of at least three years' time.

New Multifamily Adjustment Changes the Calculation

Maryland changed the way some child support calculations account for parents who are supporting children in more than one household. The Multifamily Adjustment Law, HB 275/SB 1038, took effect on October 1, 2025. Under the new law, certain parents can receive an adjustment for children who live with them but aren't already the subject of a child support order.

The change accounts for parents who may already be financially supporting other children. For example, a parent pays child support for a child from a previous relationship but also has two biological children who primarily live in the parent's home. The children in the home create a financial responsibility for the parent. The child support order doesn’t cover them. The new statute addresses this financial responsibility for the parent.

If the children meet the requirements for the multifamily adjustment, the court can account for that responsibility when calculating child support. The adjustment works by allowing an amount for qualifying children to be deducted from the parent's income before the child support obligation is calculated.

There is an important limitation. The multifamily adjustment cannot be used when a child support order is based on imputed or potential income. It also doesn't automatically change an existing support order. Instead, the adjustment is considered when the court is making a child support calculation that meets the requirements of the law.

What Does the Multifamily Adjustment Mean for Existing Child Support Orders?

The new adjustment does not automatically change every existing child support order. The Maryland Department of Human Services (DHS) specifically states that no immediate action is required simply because the law took effect. The adjustment becomes impactful when a new child support order is calculated, or a modification of an existing order is requested. To have the modification apply, parents should provide evidence of the following:

• The parent has a legal duty of support to the child (e.g., by birth or adoption).
• The parent is not under an existing court order to support that child.
• The child resides with the parent for more than 92 overnights in a year.

Parents Cannot Simply Agree to Waive Child Support

A Maryland court recently issued a ruling that impacts how parents approach child support agreements. In In the Matter of the Marriage of Houser, parents of a minor child sought a divorce. The parents submitted a private agreement attempting to completely waive future child support and forgive $41,708 in existing arrears. The mother had primary child custody and had agreed to waive the father’s child support obligations. There was a significant income disparity between them.

The trial court, Appellate Court, and Supreme Court of Maryland all rejected the agreement. The court ruled that child support is the legal right of the child. The parents cannot bargain it away.

The ruling in this case will affect future child support court decisions. Parents cannot simply contract away child support obligations. There would need to be a direct and justifiable reason for doing so. The court would also evaluate whether waiving child support was in the best interest of the child.

When Should You Revisit a Maryland Child Support Order?

A parent cannot have their child support order changed simply because they want to. Under Maryland law, there needs to be a qualifying reason to justify modification of the existing order. Common examples include, but are not limited to:

• A significant change in either parent's income
• A substantial change in custody or parenting time
• Changes in child care or health insurance expenses
• A parent now has other children living in the household who may qualify for the multifamily adjustment
• Another significant change that may support modification under Maryland law

For parents of minor children, the original court order prepared during divorce may need modification as the child grows and family dynamics change. However, voluntary or deliberate changes by a parent to force modification do not qualify.

However, even if you do not have a clear and demonstrable material change in circumstances, you can still request a formal review from the Maryland Child Support Administration every 36 months (three years). The current child custody order must have been in place for at least three years for this review to occur. If requested, the court reviews the circumstances and evidence and may recalculate the obligation using current applicable guidelines if it determines doing so is in the best interests of the child. Generally, if the court finds the newly calculated guideline amount differs by 25% from the original child support order, the court will modify the existing child custody order to reflect the new amount.

What Maryland Parents Should Do Now

If a parent thinks they might qualify for a child support adjustment under the new family law, the first step is to review their current child support order. During this review, it is critically important to pay careful attention to the financial information used to calculate the original support obligation.

Next, parents should determine whether the additional children in their household qualify under the three enumerated multifamily adjustment requirements. If the adjustment requirements apply, the parent should gather the necessary documents to validate the child’s relationship to the parent and the child’s actual living arrangements.

Note, the multifamily adjustment is one factor considered when calculating child support in Maryland. It does not automatically reopen or recalculate an existing order. A parent seeking to modify an existing order generally must have a basis for modification, such as a substantial change in circumstances. The parent can then ask the court to apply the new multifamily adjustment as part of the recalculation analysis.

To accomplish such a change, parents must file a motion with the appropriate court to modify the existing child support order. Don't assume a private agreement to reduce or eliminate support will be approved by the court in light of the Houser case discussed above. Another important fact to consider is that Maryland law generally limits retroactive modification of child support. However, there are exceptions to this principle. An experienced Maryland family law attorney can assist with modification and multifamily adjustment requirements.