Unpaid Child Support Now Gets Priority in Maryland Estates: What It Means for Families and Creditors

If you’ve ever dealt with an estate where the deceased owed debts — medical bills, taxes, loans — you know it quickly becomes a battle over who gets paid, and in what order.

Starting October 1, 2025, Maryland is reshuffling that priority list — and giving unpaid child support a big jump up the ladder.

What’s the Change?

Previously, unpaid child support was lumped in with general unsecured debts (such as credit cards and personal loans) in Category 11.

Now, it moves to Category 6  just below family allowances, taxes, and funeral expenses, but well ahead of most creditors.

Why the Change?

1. To mirror the federal Bankruptcy Code

2. To strengthen child support enforcement in probate

3. To reflect the reality that support obligations don’t end just because someone dies

How Estate Administrators Should Handle This

If you’re serving as a personal representative (executor):

1. You must check for outstanding child support claims

2. Those claims now take priority over credit card companies and unsecured loans

3. Failing to pay in the correct order can expose you to personal liability

What Creditors and Families Need to Know

1. Creditors: Lower chance of collecting if child support is unpaid

2. Heirs/beneficiaries: You may inherit less than expected if there's a large past-due support balance

3. Custodial parents: If the other parent dies, still owing support, this law gives you a better shot at collecting from their estate

Takeaway: This new law recognizes child support for what it is — a fundamental obligation to family, not just another debt. If you're dealing with an estate in Maryland, make sure you're prioritizing claims the right way, or the state might step in for you.