MARYLAND EXTENDS CHILD SUPPORT

by Stuart Muntzing Skok

The 2002 Maryland General Assembly passed Senate Bill 657 to extend child support obligations beyond the age of 18, if the child is enrolled in high school, until the child either graduates from high school or attains the age of 19, whichever comes first. This law amends Md. Code, Article 1, § 24 to change the age of majority and Md. Code, Family Law Article, § 5-203 (b) to change the powers and duties of parents.

Prior to the passing of this new law, Maryland was 1 of only 7 states which still required termination of support when a child turned 18, even if the child was still in high school.  The majority of states, such as Virginia, have rewritten their statutes to extend child support until graduation from high school or attaining the age of 19.  Some states extend child support beyond graduation from high school, until the age 19 or 21.  In the District of Columbia, the age of the majority is 21, thereby requiring child support to be paid until age 21.

The new Maryland law, effective as of October 1, 2002, provides that the passage of the law will be "considered to be a material change in circumstances for purposes of modifying a child support order issued before the effective date as of this Act."  Therefore this law will apply retroactively to all child support obligations in effect prior to October 1st.  Once the law is in effect, custodial parents will have the right to seek an extension of support if their child has not yet graduated high school or turned age 19.

The rationale for extending child support until graduation from high school has to do with protecting a child's education.  If a child has to secure a part-time job or drop out of high school to make up for the lack of support, that child's education and career opportunities may be put at risk.  Or perhaps the child may no longer be able to participate in extracurricular activities if the fees for such activities were no longer affordable without child support.  Often parents will delay enrollment of children in kindergarten because of a late birthday.  Other children may be delayed in the education due to illness of learning difficulties.  These children will turn age 18 prior to the completion of high school and, by effect under the old Maryland law, would lose the support they may need prior to graduating high school.

The lead sponsors of the Bill were Delegate Paul Carlson in the House and Senator Ira Ruben in the Senate, both from Montgomery County.  This Bill has been introduced in the Maryland legislature without success for many years and the passage now is viewed by many as a long-needed protection for children.

Stuart Muntzing Skok is an attorney with the law firm of GIMMEL, WEIMAN, ERSEK, BLOMBERG & SKOK, P.A., in Gaithersburg, Maryland.  She concentrates her practice in family law.