Ashburn, VA asked in Child Custody, Child Support and Family Law for Maryland

Q: If the mother has full custody and she chose no child support, could she still put me on child support at a later date?

I gave away all my rights so the mother has full sole custody. In the paperwork she chose to not put me on child support at the time. If she ever wanted to could she put me on child support even though I’m not responsible for the child at all?

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Yes. Both parents ALWAYS remain legally responsble to support their minor children. That legal obligation cannot be waived and "contracted" away, except through legal adoption (where another person adopts your child and you relinquish your parental rights). Absent a legal adoption, if the issue of child support is ever brought before a court, you will be ordered to pay child support to the legal custodian of your child in accordance with the Child Support Guidelines. Your wife's agreement to "give up" child support is not enforceable, because the result is that it deprives financial support that the child is legally entitled to receive from both parents. Neither parent has the legal authority to waive that support on their minor child's behalf.

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