Family Law - Child Support - Determination of Custody and Agreements Between Parents
Summary
SB 548 would amend Maryland’s child support law to require a court to decide custody first, but only when a parent asks for a custody determination in a child support case and there has not already been a judicial custody ruling. The bill keeps the existing child support guidelines as the starting point for support awards, but adds a new rule that courts must address custody under Title 9 before setting support in those circumstances.
The bill also creates a conclusive presumption that the child support guidelines are unjust or inappropriate when both parents mutually assert that their agreement departing from the guidelines is in the child’s best interest. In effect, this would make it easier for courts to honor parent agreements that differ from the guideline amount, while still requiring the court to make findings when it departs from the guidelines and to explain the guideline amount, the variance, and how the order serves the child’s best interests.
Impact
SB 548 would change Section 12-202 of the Family Law Article by adding a custody-first requirement in certain child support proceedings and by creating a new conclusive presumption favoring parent agreements that depart from the child support guidelines when both parents say the agreement is in the child’s best interest. The bill would not eliminate the guidelines or the rebuttable presumption that guideline support is correct, but it would expand the circumstances in which a court may treat a departure as justified and would preserve the requirement for written findings when the court deviates from the guidelines. The bill would take effect October 1, 2026, and would primarily affect family law courts, parents in support and custody disputes, and children subject to support orders.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the overall sentiment appears procedural and policy-focused rather than overtly contentious. The measure seems designed to clarify the relationship between custody and child support and to give greater effect to parental agreements, suggesting support from those who favor flexibility and judicial clarity. At the same time, the bill’s changes to the child support guidelines could draw scrutiny from those concerned about consistency in support awards and the protection of children’s financial interests.
Contention
The main point of contention is likely the new conclusive presumption for agreements that depart from the child support guidelines. Supporters may view this as respecting parental autonomy and settlements, while opponents may argue it reduces judicial discretion and could allow parents to agree to support terms that are not truly in a child’s best interest. Another possible issue is the requirement that custody be determined before support when requested by a parent and no prior custody order exists, which could be seen as improving clarity but also potentially adding complexity or delay to support proceedings.