My child’s father is unemployed and so can’t pay child support. I have a good relationship with him and I don’t him to get in trouble for not paying. Can I tell the Court that I don’t want child support?

ANSWER

If you do not have a child support order in place, then you could choose not to file for custody or child support. However, without a Court order, both parents have equal rights to the child.

If there is a child support order in place, the Order shall be followed unless and until it is modified by the Court. You can file a request with the Court that the father’s child support obligation be temporarily suspended. However, child support is the right of the child to receive financial support from both parents. Therefore, under the law, one parent does not inherently have the right to “waive” child support since it is for the benefit of the child, not the custodial parent.

The Maryland Child Support Guidelines are presumed to be correct under the law. That presumption can be rebutted though. The Court would consider the best interests of the minor child. The Court would analyze the income of both parties and the reason why the father is not currently working. You should speak to an experienced attorney to discuss possible solutions to preserve the positive relationship with the father as well as having financial support for the minor child.