A Delaware child support order is a legally binding court document that establishes the obligation for a non-custodial parent to pay child support to the custodial parent. These court orders specify the amount of child support to be paid, payment schedules, and additional provisions such as health insurance coverage and extraordinary expenses.
Child support orders in Delaware are designed to ensure that children receive adequate financial support from both parents, regardless of their relationship status. The Division of Child Support Services works closely with the Family Court to establish, modify, and enforce these orders effectively.
Delaware child support orders remain in effect until the child reaches 18 years of age and graduates from high school, or until age 19 if still enrolled in high school. The orders can only be modified through proper legal procedures and continue to be enforceable even if circumstances change.
Establishing a Child Support Order
The process of obtaining a Delaware child support order begins when a custodial parent files a petition with the Family Court requesting that the other parent be ordered to pay child support. This legal process ensures that support obligations are formally established and legally enforceable.
Before a child support order can be established, paternity must be determined if the parents were not married when the child was born. The court may order genetic testing to establish paternity if it is disputed. Once paternity is confirmed, the court can proceed with establishing the support obligation.
The Division of Child Support Services can assist parents with filing petitions for child support orders through their online application portal or in-person services. There is typically a $25 filing fee for child support petitions, and additional court fees may apply depending on the specific circumstances.
Delaware Child Support Formula and Calculations
Delaware uses a specific formula to calculate the amount of child support specified in each order. The Delaware Child Support Formula considers both parents' gross incomes, the number of children requiring support, childcare expenses, health insurance premiums, and other relevant factors.
The calculation process begins by determining each parent's net available income after accounting for taxes, self-support allowances, and adjustments for other dependents. The combined net income is then used to determine the basic support obligation, which is allocated between parents based on their respective income shares.
Additional expenses such as childcare costs, health insurance premiums, and extraordinary educational or medical expenses are added to the basic support obligation. Credits for parenting time may then be applied to reach each parent's final net obligation under the child support order.
Mediation and Court Proceedings
Delaware requires mediation as the first step in establishing a Delaware child support order unless there is a no-contact order or documented history of domestic violence. During mediation, both parents meet with a Family Court mediator who applies the Child Support Formula to calculate appropriate support amounts.
If parents reach an agreement during mediation, the court typically approves the agreed-upon terms and issues the child support order. If parents cannot agree, the case proceeds to a hearing before a Family Court Commissioner, often on the same day as the mediation session.
The Commissioner reviews all relevant evidence and applies the Delaware Child Support Formula to determine the appropriate amount of child support. Either parent may appeal the Commissioner's decision to a Family Court judge within 30 days if they disagree with the outcome.
Payment Methods and Administration
Once a Delaware child support order is established, the Division of Child Support Services typically administers the collection and distribution of support payments. Most child support orders include income withholding provisions that require employers to deduct support payments directly from the paying parent's wages.
Parents required to pay child support under a court order have several payment options available, including automatic payroll deduction, online payments through the iPayOnline system, payments by check or money order, and payments at TouchPay kiosks located throughout Delaware.
The Division of Child Support Services distributes support payments to custodial parents within two business days of receipt. Parents can receive their support payments through direct deposit, mailed checks, or credits to a ReliaCard prepaid debit card for immediate access to funds.
Enforcement of Child Support Orders
When parents fail to pay child support as required by their court order, Delaware has numerous enforcement mechanisms available to collect overdue support payments. The Division of Child Support Services has broad authority to use administrative enforcement tools before seeking court intervention.
Enforcement actions for non-payment of child support may include wage garnishment, seizure of tax refunds, suspension of driver's licenses, suspension of professional licenses, seizure of bank accounts, and placement of liens on real property. These enforcement measures provide strong incentives for compliance with support orders.
In cases of willful non-payment, parents may face contempt of court charges that can result in fines and imprisonment until child support obligations are satisfied. The goal of enforcement is to ensure children receive the financial support they are legally entitled to receive.
Modification of Support Orders
Circumstances may change after a Delaware child support order is established, making modification necessary to ensure continued fairness and adequacy of support amounts. Either parent may request modification of support when substantial changes in circumstances occur.
Family Court will accept a petition for modification if it has been two and a half years or more since the last child support order was entered. No petition for modification may be filed within two and a half years unless there has been a substantial change in circumstances.
When a petition for modification is filed, the case is first assigned to mediation to attempt resolution. If mediation is unsuccessful, a hearing is scheduled before a Family Court Commissioner who will apply the current Delaware Child Support Formula to determine if modification is appropriate.
Enforcement Tools Available to DCSS
The Division of Child Support Services has extensive enforcement authority to collect overdue child support from parents who fail to comply with their court orders. These enforcement tools are designed to encourage voluntary compliance while providing effective collection mechanisms.
Administrative enforcement actions include consumer credit reporting of delinquent child support, which can negatively impact the paying parent's credit rating and ability to obtain loans or credit. The Division can also implement income withholding orders for parents not already subject to automatic payroll deduction.
License suspension represents another powerful enforcement tool, allowing DCSS to work with various agencies to suspend driver's licenses, hunting and fishing licenses, occupational licenses, and professional licenses until child support obligations are satisfied.
Interstate Child Support Orders
Delaware participates in the Uniform Interstate Family Support Act (UIFSA), which provides procedures for establishing and enforcing child support orders when parents live in different states. These interstate cases require coordination between Delaware and other state child support agencies.
When a Delaware child support order needs to be enforced in another state, DCSS works with the other state's child support agency to register the order and initiate appropriate enforcement actions. Similarly, Delaware can enforce orders from other states when the paying parent lives in Delaware.
Interstate cases often involve additional complexity and may require longer processing times due to the coordination required between different state agencies. However, the UIFSA framework ensures that geographic separation does not prevent children from receiving the support they need.
Special Circumstances and Considerations
Certain situations require special consideration when establishing or modifying a Delaware child support order. Military families face unique challenges when deployment or relocation affects income or living arrangements, and Delaware law provides specific procedures for addressing these situations.
Self-employed parents must provide detailed financial documentation, including tax returns, profit and loss statements, and business records, to establish accurate income for child support calculations. The court may scrutinize these records to ensure income is not being artificially reduced.
Parents with disabilities or chronic health conditions may require modifications to their support orders if their conditions affect their ability to work or earn income. The court considers medical evidence and vocational assessments when determining appropriate support amounts in these cases.
Legal Representation and Resources
While parents can represent themselves in child support proceedings, legal representation can be valuable, especially in complex cases involving substantial income, business ownership, or contested paternity issues. Delaware provides various resources for parents who cannot afford private attorneys.
The Delaware Legal Help Link organization provides information about free and low-cost legal services available to qualifying parents. Many attorneys offer limited scope representation for specific aspects of child support cases, such as modification petitions or enforcement actions.
The Division of Child Support Services provides comprehensive assistance to parents navigating the child support system, including help with applications, case status information, and guidance about available services and procedures.
Consequences of Non-Compliance
Failure to comply with a Delaware child support order can result in serious legal and financial consequences. Parents who fall behind on their support payments may face immediate administrative enforcement actions, followed by more severe court-ordered remedies if voluntary compliance is not achieved.
Non-payment of child support can result in suspension of various licenses, seizure of assets, and a negative impact on credit ratings. In cases of willful non-compliance, parents may face contempt of court charges that can result in fines and imprisonment.
Child support debt does not disappear over time and continues to accrue interest until paid in full. Even if the child reaches the age of majority, any unpaid support remains a legally enforceable debt that must be satisfied.
Rights and Responsibilities Under Support Orders
Parents subject to a Delaware child support order have specific rights and responsibilities that continue throughout the order. Custodial parents have the right to receive timely support payments and to request enforcement assistance when payments are not made as ordered.
Non-custodial parents have the right to fair calculation of support amounts based on accurate income information, to request modifications when circumstances change, and to receive credit for all payments made. They also have responsibilities to make payments as ordered and to report changes in income or circumstances.
Both parents have responsibilities to provide accurate financial information during establishment and modification proceedings, to notify DCSS of address changes, and to cooperate with efforts to establish paternity and support obligations.