Family Law - Child Support - Capacity of Minors to File Action
Summary
HB120 would create a new provision in Maryland family law allowing a minor who is both the legal parent and custodial parent of a child to file a child support action in court. The bill expressly overrides Maryland Rule 2-202 for this purpose, giving such minors the capacity and right to bring a support case either temporarily (pendente lite) or permanently. The measure is narrowly focused on access to the courts for a specific class of minor parents.
If enacted, the bill would add Section 12-106 to the Family Law Article of the Annotated Code of Maryland and would take effect October 1, 2025. Its practical effect would be to remove a procedural barrier that could otherwise prevent a minor parent from initiating child support proceedings on behalf of their child, potentially improving financial support enforcement for young custodial parents and their children.
Impact
HB120 would amend Maryland family law by creating an explicit statutory exception allowing certain minors to sue for child support despite general civil procedure rules limiting a minor’s capacity to file an action. It would affect child support litigation, family court practice, and the rights of minor custodial parents, while leaving the underlying child support standards unchanged. The bill would also require courts and practitioners to recognize a minor legal and custodial parent as a proper party to seek support.
Sentiment
The available record shows no committee debate, votes, or recorded opposition, so there is no documented public sentiment from hearings or floor action. Based on the bill text alone, the measure appears remedial and targeted, aimed at expanding access to child support remedies for minor parents rather than changing substantive support obligations. The absence of recorded controversy suggests the bill may have been viewed as a narrow procedural fix.
Contention
The main potential point of contention is the bill’s departure from the general rule that minors lack full legal capacity to sue, as it creates a specific exception for child support cases. Any concern would likely center on whether the exception should be limited to minors who are both legal and custodial parents, and whether courts need additional safeguards for minors litigating on behalf of their children. No specific objections, amendments, or opposing viewpoints are included in the provided materials.