In Delaware, both parents share a legal duty to financially support their children until the child turns 18, or until age 19 if the child is still finishing high school.1Justia. Delaware Code Title 13 Section 501 – Duty to Support Minor Child; Duty to Support Child Over 18 Years of Age Delaware child support cases are handled by the Family Court together with the Division of Child Support Services (DCSS), which sits inside the Department of Health and Social Services.2Delaware Department of Health and Social Services. Delaware Child Support Payment Services The support amount is set using the Melson Formula, and DCSS has broad tools to collect from a parent who falls behind.
Who Owes Support, and For How Long
The duty falls on both biological parents equally, whether or not they were ever married.1Justia. Delaware Code Title 13 Section 501 – Duty to Support Minor Child; Duty to Support Child Over 18 Years of Age It runs until the child turns 18. If the child is 18 but still enrolled in high school and on track to graduate, both parents keep paying until graduation or age 19, whichever comes first.3Delaware Code Online. Delaware Code 13 – Desertion and Support – Section 501
Delaware does not extend the child support obligation past 19 for adult children with disabilities. The Family Court’s own FAQ confirms the duty ends at 18, or at high school graduation or age 19 for students.4Delaware Courts. Frequently Asked Questions About Child Support
Stepparents and live-in partners carry a secondary duty. If the biological parents cannot meet the child’s minimum needs, a stepparent or a person who lives with a parent in a marriage-like relationship must fill the gap, but only while the child lives in that household and the relationship continues.1Justia. Delaware Code Title 13 Section 501 – Duty to Support Minor Child; Duty to Support Child Over 18 Years of Age
How the Amount Is Calculated
Delaware uses the Melson Formula, a method developed by a Delaware Family Court judge. Only two other states — Hawaii and Montana — use it.5National Conference of State Legislatures. Child Support Guideline Models It is more involved than the income-shares approach most states rely on, but it builds in protections for both parent and child.
The calculation works in layers. First, the court figures each parent’s net income and subtracts a self-support reserve, the minimum a parent needs to stay housed and able to keep working. Only income above that floor is available for child support. Next comes the child’s primary support allowance, a standardized figure covering necessities like food, clothing, and shelter.
If either parent has income left after those two steps, the formula applies a Standard of Living Adjustment (SOLA) so the child shares in a higher-earning parent’s lifestyle rather than being capped at bare essentials.6Delaware Courts. Delaware Child Support Formula SOLA is 12 percent of remaining income for one child, 17 percent for two, 21 percent for three, and an additional 2 percent for each child beyond that. Health insurance premiums and work-related childcare costs also feed into the math. The total obligation is then split between the parents in proportion to their incomes.
Filing for a Support Order
You start a case by filing a Petition for Support (Form 329) at the Family Court in the county where you or the child lives.7Delaware Courts. Delaware Courts – Family Court – Support Forms An Information Sheet (Form 240) goes with it to help the court locate the other parent.
Before filing, pull together the documents that show both households’ finances: recent pay stubs, federal tax returns, health insurance premium information, and childcare receipts. Social security numbers for both parents and the children are generally required for case processing. Having this material ready cuts down on delays later.
The civil filing fee is $90, and the court may add a $10 court security fee.8The Family Court of the State of Delaware. The Family Court of the State of Delaware Schedule of Assessed Costs If you cannot afford it, file an Application To Be Found Indigent; if you qualify, the fee is waived.9Delaware Courts. Family Court – Child Support Overview
After filing, the other parent is served with the petition and the case moves to DCSS for financial verification. Many cases settle at a hearing or in mediation. If the parents don’t agree, a commissioner applies the Melson Formula and issues an order.
How Payments Move
Every payment runs through the Delaware Child Support Payment Clearinghouse, which keeps a central record of what has been paid and received.2Delaware Department of Health and Social Services. Delaware Child Support Payment Services Most orders include an Income Withholding Order that tells the paying parent’s employer to deduct support directly from wages and forward it to the clearinghouse. Parents don’t hand money to each other.
The parent receiving support can take it on the First State Family Card, a prepaid debit card, or by direct deposit to a bank account.2Delaware Department of Health and Social Services. Delaware Child Support Payment Services The clearinghouse record also becomes the evidence used in any later modification or enforcement dispute.
Changing an Order After It’s In Place
The Family Court keeps continuing jurisdiction over any Delaware support order and can modify it going forward, as long as one party or the child still lives in the state.10Delaware Code Online. Delaware Code Title 13 Chapter 5 Subchapter II – Section 513
If less than two and a half years have passed since the last determination, you have to show a substantial change in circumstances: a meaningful shift in income, health insurance costs, childcare costs, or the number of children being supported.7Delaware Courts. Delaware Courts – Family Court – Support Forms Once two and a half years have passed, either parent can ask for a review without meeting that extra threshold.
One rule catches many parents off guard. A modification only reduces support going forward from the date the other parent is served with the petition. The court cannot go back and cut what was owed for prior months, even if your income dropped long before you filed.10Delaware Code Online. Delaware Code Title 13 Chapter 5 Subchapter II – Section 513 Wait six months after losing a job and you still owe the full original amount for every one of those months. If your finances change, file the petition right away.
What Happens When a Parent Doesn’t Pay
Delaware treats unpaid support seriously, and DCSS has several enforcement tools. They scale with how much is owed and how long it’s been outstanding.
- Income withholding is the default. The employer takes support out of wages before the paying parent ever sees the check.
- A parent who owes $1,000 or more in arrears or retroactive support and is at least 30 days delinquent can have their driver’s license suspended. DCSS can also suspend recreational, business, and professional licenses.4Delaware Courts. Frequently Asked Questions About Child Support11State of Delaware. Delaware Division of Child Support Services Returns Licenses to Parents Complying With Child Support
- DCSS can intercept federal and state tax refunds and apply them to the arrears.2Delaware Department of Health and Social Services. Delaware Child Support Payment Services
- At the federal level, a parent who owes $2,500 or more in past-due support becomes ineligible for a U.S. passport.12Administration for Children and Families. Passport Denial Program 101
- DCSS can report the debt to credit bureaus.
- Delaware law permits the state to intercept lottery winnings.
- A parent found in contempt for nonpayment can face fines or civil commitment (jail) until a designated purge payment is made. The purge amount and timeline depend on the case.4Delaware Courts. Frequently Asked Questions About Child Support
If jail is a real possibility in a contempt proceeding, the parent has the right to ask for a court-appointed attorney. The court will appoint one if it finds the parent indigent.4Delaware Courts. Frequently Asked Questions About Child Support
When the Other Parent Lives in Another State
Delaware has adopted the Uniform Interstate Family Support Act (UIFSA), which handles cases that cross state lines.13Delaware Code Online. Delaware Code Title 13 Chapter 6 – Uniform Interstate Family Support Act Under UIFSA, an order from another state can be registered in Delaware for enforcement or modification without starting the case over. DCSS also works directly with child support agencies in other states to locate parents, serve documents, and collect payments.
Only one state has jurisdiction over a support order at a time. As a rule, the state that issued the original order keeps control as long as one party or the child still lives there. If everyone has moved, jurisdiction can shift. That matters most when you want to change the amount: you generally have to go through the state that currently holds jurisdiction, not whichever one is easiest for you.