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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0548*
SENATE BILL 548
D4 6lr2364
By: Senator Charles
Introduced and read first time: February 4, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Family Law – Child Support – Determination of Custody and Agreements 2
Between Parents 3
FOR the purpose of requiring that a court determine custody before awarding child support 4
under certain circumstances; establishing a conclusive presumption that the 5
application of the child support guidelines would be unjust or inappropriate if there 6
is a certain agreement between the parents; and generally relating to the child 7
support guidelines. 8
BY repealing and reenacting, with amendments, 9
Article – Family Law 10
Section 12–202(a) 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2025 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Family Law 16
12–202. 17
(a) (1) (I) Subject to the provisions of paragraph (2) of this subsection and 18
subsection (c) of this section, in any proceeding to establish or modify child support, whether 19
pendente lite or permanent, the court shall use the child support guidelines set forth in this 20
subtitle. 21
(II) BEFORE AWARDING CHILD SUPPO RT, THE COURT SHALL 22
DETERMINE CUSTODY IN ACCORDANCE WITH TITLE 9 OF THIS ARTICLE IF: 23
2 SENATE BILL 548
1. REQUESTED BY A PARENT IN THE CHILD SUPPORT 1
PROCEEDING; AND 2
2. THERE HAS BEEN NO PRIOR JUDICI AL 3
DETERMINATION OF CUSTODY. 4
(2) (i) There is a rebuttable presumption that the amount of child 5
support which would result from the application of the child support guidelines set forth in 6
this subtitle is the correct amount of child support to be awarded. 7
(ii) The presumption may be rebutted by evidence that the 8
application of the guidelines would be unjust or inappropriate in a particular case. 9
(iii) In determining whether the application of the guidelines would 10
be unjust or inappropriate in a par ticular case, the court may consider any financial 11
considerations: 12
1. specified in an existing separation or property settlement 13
agreement or court order, including: 14
A. any provisions for payment of mortgages, marital debts, or 15
college education expenses; 16
B. the terms of any use and possession order or right to 17
occupy the family home under an agreement; and 18
C. any direct payments made for the benefit of the children 19
required by the agreement or order; 20
2. that the court deems relevant to the best interests of the 21
child who is the subject of the child support order; or 22
3. that would leave the obligor with a monthly actual income 23
below 110% of the 2019 federal poverty level for an individual. 24
(IV) THERE IS A CONCLUSIVE PRESUMPTION THAT THE 25
APPLICATION OF THE G UIDELINES TO AN AGRE EMENT BETWEEN THE PA RENTS 26
THAT DEPARTS FROM TH E GUIDELINES WOULD B E UNJUST OR INAPPROP RIATE IF 27
THE PARENTS MUTUALLY ASSERT THAT THE AGREEMENT IS IN THE BEST INTEREST 28
OF THE CHILD. 29
[(iv)] (V) 1. If the court determines that the application of the 30
guidelines would be unjust or inappropriate in a particular case, the court shall make a 31
written finding or specific finding on the record stating the reasons for departing from the 32
guidelines. 33
SENATE BILL 548 3
2. The court’s finding shall state: 1
A. the amount of child support that would have been required 2
under the guidelines; 3
B. how the order varies from the guidelines; 4
C. how the finding serves the best interests of the child who 5
is the subject of the order; and 6
D. in cases in which items of value are conveyed instead of a 7
portion of the support presumed under the guidelines, the estimated value of the items 8
conveyed. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. 11