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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1754 SEPTEMBER TERM, 2001

CHILD SUPPORT ENFORCEMENT ADMINISTRATION ET AL. v. DANIEL N. SHEHAN

Hollander, Salmon, Kenney, JJ.

Opinion by Kenney, J.

Filed: December 23, 2002

The Anne Arundel County Domestic Relations Division ("DRD") appeals the decision of the Circuit Court for Anne Arundel County, which voided the child support obligation of appellee, Daniel Shehan, because he cohabitated with the child's mother, Vickie Garland Goddard, after the child support order was issued. Neither Shehan nor Goddard individually has participated in this appeal. DRD poses two questions on appeal, which we have consolidated into one: I. Did the circuit court err in holding that cohabitation of unmarried parents renders null and void support orders and any agreement reaffirming the unmarried father's duty to support premised upon a finding of paternity?

For the reasons below, we shall reverse the decision of the circuit court. Factual and Procedural History Goddard and Shehan lived together in Maryland and are the parents of Carly Shehan (the "child"), the oldest of the couple's three children. The child was born on July 9, 1985. Because of

continuing difficulties in their relationship, Goddard planned to move to Connecticut to reside with her sister. On January 23,

1986, Goddard filed a paternity petition against Shehan regarding the child. Shortly thereafter, on March 4, 1986, Shehan signed an

agreement (the "Agreement") admitting paternity. The Agreement provided that Shehan's child support would continue until the child "becomes 18 years of age, dies, marries, or becomes self-

-2supporting, whichever event occurs first." It also noted that

Shehan was "unemployed and has agreed that this matter is to be reviewed in six weeks for a specific amount of support." Although Goddard and Shehan were then living together, Goddard informed DRD that they lived apart. On May 12, 1986, Goddard and Shehan signed a consent order, pursuant to which Shehan agreed to pay child support to DRD in the amount of $25.00 per week for the child and to inform the agency of his whereabouts.1 At that time, he believed that "things were going to be over" between them. Approximately two weeks after the consent order was signed, Goddard moved to Connecticut. On June 21, 1986, Goddard gave birth to the couple's second child. Shehan about the birth. with Goddard. Shortly thereafter, she informed

He then moved to Connecticut and lived

Although the record is unclear, Shehan testified

that, from 1986 through the "next 11 or 12 years," appellant moved back and forth between Maryland and Connecticut, where he resided with Goddard. During Shehan's periodic stays in Connecticut, which are not detailed in the record, Goddard became pregnant with the couple's third child, who was born on January 24, 1992.2
1

Shehan

See Md. Code (1984, 1999 Repl. Vol.)

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Maryland Law