# Family Law (GFL)

## Title 13. Support of Parents and Adult Children

### Subtitle 1

#### Section 13-101

In this title, "destitute adult child" means an adult child who:

(1) has no means of subsistence; and

(2) cannot be self-supporting, due to mental or physical infirmity.

#### Section 13-102

(a) If a destitute adult child is in this State and has a parent who has or is able to earn sufficient means, the parent may not neglect or refuse to provide the destitute adult child with food, shelter, care, and clothing.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.

#### Section 13-103

(a) A complaint under this section shall be made under oath in writing to a State's Attorney.

(b) An individual may make a complaint that states that:

  (1) the individual is a destitute adult child;

  (2) a parent of the destitute adult child has or is able to earn means sufficient to provide the destitute adult child with necessary food, shelter, care, and clothing; and

  (3) the parent has neglected or refused to provide the destitute adult child with necessary food, shelter, care, and clothing.

#### Section 13-104

(a) After a complaint is filed under Sec. 13-103 of this title and before an information is prepared, the State's Attorney may hold a pretrial inquiry.

(b) In connection with any pretrial inquiry under this section, the State's Attorney may:

  (1) issue a summons that requires a person other than the accused individual to appear, to testify, and to produce documents connected to the inquiry;

  (2) administer oaths;

  (3) examine witnesses; and

  (4) receive evidence.

(c)

  (1) If a person fails to obey a summons, or fails to testify or comply with the requests of the State's Attorney, the State's Attorney may ask the circuit court for the county to order the person:

    (i) to obey the summons;

    (ii) to testify; or

    (iii) to produce any document that the court considers necessary for the inquiry.

  (2) If a person fails or refuses to obey the order of court after the order has been served, the person is in contempt of court and the court may punish the person for the contempt.

  (3) A finding of contempt under this subsection is subject to appeal.

#### Section 13-105

Before the State's Attorney conducts an inquiry under Sec. 13-104 of this title, the State's Attorney shall notify the accused individual in writing of:

(1) the time and place of the inquiry;

(2) the accused individual's right to appear at the inquiry and to produce evidence or information that relates to the matters examined; and

(3) the accused individual's right to testify if the individual:

  (i) notifies the State's Attorney of the individual's desire to testify; and

  (ii) signs a waiver that permits the individual's testimony to be used against the individual in any later trial that arises from the complaint.

#### Section 13-106

(a) The State's Attorney may file an information that charges the accused individual with nonsupport of the individual's destitute adult child, based on the complaint.

(b) After filing an information, the State's Attorney may seek to obtain the consent of the accused individual to the entry of a court order under Sec. 13-107 of this title.

#### Section 13-107

(a) With the written consent of the accused individual before charging or trial, or on conviction of the individual under this subtitle, the court shall order the individual:

  (1) to pay support:

    (i) to the individual's destitute adult child; or

    (ii) if the destitute adult child is a public charge to the agency that is authorized by law to receive these payments; and

  (2) to give a bond with securities to this State, conditioned on compliance with the court's order and any modification of the order.

(b) In determining the amount of support, the court shall consider the financial circumstances of the individual.

(c) The individual shall pay the support until the destitute adult child has other means of adequate support or dies.

(d) The court may modify the order.

#### Section 13-108

(a) An individual who fails to give bond after being ordered to give bond under Sec. 13-107 of this title is subject to imprisonment until bond is given, not exceeding 1 year.

(b) In consideration of the financial circumstances of the accused individual, and on the individual's entering into a recognizance, the court may:

  (1) suspend imposition of the sentence for failure to give bond; and

  (2) place the individual on probation for the period that the individual is required to pay support.

(c) The recognizance ordered by the court shall be:

  (1) in the amount that the court directs, with or without security; and

  (2) on the conditions that:

    (i) if the individual is summoned to appear before the court, the individual shall appear; and

    (ii) the individual shall pay support as ordered by the court.

(d) If an individual fails to pay support under the court's order, the court may revoke the probation and impose the sentence for failure to give bond.

(e) The court may order that any forfeited recognizance be paid:

  (1) to the individual's destitute adult child; or

  (2) if the individual's destitute adult child is a public charge, to the agency that is authorized by law to receive the forfeited recognizance.

#### Section 13-109

The court shall release an individual who is ordered to pay support under this subtitle and any sureties of that individual from the terms of any court order, bond, or recognizance under this subtitle if:

(1) the individual or the individual's destitute adult child dies;

(2) the individual's destitute adult child becomes self-supporting; or

(3) the individual becomes unable to earn or loses possession of means sufficient to provide for the individual's destitute adult child.

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Md. Code Ann., Fam. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)