College and Adult Child Support in Maryland: Post-Secondary and Disabled Children

By the FigureMyTax Editorial Team · How we calculate

We found no Maryland provision for court-ordered college support. For an adult child who cannot self-support because of infirmity, Maryland makes it a misdemeanor for a parent with means to refuse food, shelter, care and clothing.

Does child support cover college in Maryland?

We found no provision in the sections we read that lets a court order child support for college. The right to support past 18 is limited to a child enrolled in secondary school, up to age 19 (General Provisions 1-401(b)). Parents can agree to pay college costs and ask the court to make the agreement part of the order.

Can parents agree to pay for college in Maryland?

Yes. Put the amount, the schools, grade conditions and an end date in writing and ask the court to approve it so it can be enforced. The statute leaves room for parents to agree to more than the minimum.

Is there child support for a disabled adult child in Maryland?

Not as guideline child support after the school extension, in the sections we read. Maryland does impose a separate duty: a destitute adult child is an adult child who has no means of subsistence and cannot be self-supporting due to mental or physical infirmity (Family Law 13-101), and a parent who has or can earn sufficient means may not neglect or refuse to provide food, shelter, care and clothing; violating it is a misdemeanor with a fine up to $1,000 or up to a year in jail, or both (13-102).

How does a complaint about a destitute adult child work?

The child makes a written complaint under oath to a State’s Attorney stating that the child is a destitute adult child, that a parent has or can earn sufficient means, and that the parent has neglected or refused to provide necessary food, shelter, care and clothing (Family Law 13-103). It is a criminal route, not a guideline support case.

Does a college agreement affect my taxes or benefits?

We did not verify any tax effect. Ask a tax adviser before signing, and keep the agreement separate from the child support order if you want to be able to modify them separately.

Does the destitute adult child law create guideline child support?

No. It is a criminal statute requiring a parent with means to provide basic necessities to an adult child who cannot self-support, with a fine up to $1,000 or up to one year in jail (13-102). A civil support order for an adult child needs a legal basis we did not find, so ask a licensed Maryland attorney.

What are the age limits for a given birth date?

After those dates, college help comes only from an agreement.

How should a college agreement be written?

• Which costs are covered: tuition, housing, books or a cap.
• Each parent’s share and when payments are due.
• Grade or enrollment conditions and what happens if the child leaves school.
• An end date or maximum number of years.
• Court approval so the agreement can be enforced.

What about unpaid support from before?

It stays owed: see how long Maryland arrears last and the Maryland child support end date calculator.

Frequently asked questions

Official sources

• Md. Code, General Provisions 1-401: age of majority; support for a student at 18
• Md. Code, Family Law 13-101: destitute adult child
• Md. Code, Family Law 13-102: duty to a destitute adult child
• Md. Code, Family Law 12-104: modification

This is general information, not legal advice. It is based on the cited Maryland statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maryland attorney.