In Delaware, child support is a shared legal duty of both parents that runs until a child turns 18, or up to 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 Orders are issued by the Family Court and administered by the Division of Child Support Services (DCSS), which calculates amounts using the Melson Formula, collects payments through a central clearinghouse, and enforces unpaid balances with tools that range from wage withholding to license suspension and jail.2Delaware Department of Health and Social Services. Delaware Child Support Payment Services
Who Owes Support and for How Long
Both parents owe support equally, whether the child was born in or out of wedlock.1Justia. Delaware Code Title 13 Section 501 – Duty to Support Minor Child; Duty to Support Child Over 18 Years of Age The obligation lasts until the child turns 18. If the child is still enrolled in high school and on track to graduate at that point, both parents keep paying until the child earns a diploma or reaches age 19, whichever comes first.3Delaware Code Online. Delaware Code 13 – Desertion and Support – Section 501
Delaware law does not extend the obligation past 19 for adult children with disabilities. The Family Court’s own guidance confirms that the duty ends at 18, or at high school graduation or age 19 for students still in school.4Delaware Courts. Frequently Asked Questions About Child Support
Before a father can be ordered to pay, legal paternity has to exist. Married fathers are presumed. Unmarried fathers can establish paternity by signing a voluntary acknowledgment, often at the hospital, or through court-ordered genetic testing when parentage is contested.5Justia. Delaware Code Title 13 Section 8-301 – Acknowledgement of Paternity
How the Amount Is Calculated: The Melson Formula
Delaware is one of only three states — along with Hawaii and Montana — that uses the Melson Formula instead of the more common income-shares model.6National Conference of State Legislatures. Child Support Guideline Models The formula was built by a Delaware Family Court judge, and it works in layers rather than as a single percentage of income.
The calculation starts with each parent’s net income. From that, the formula subtracts a self-support reserve: the minimum each parent needs to stay housed, fed, and able to keep working. Only income above that floor is available for support. The formula then sets the child’s primary support allowance, a standardized figure for basic necessities like food, clothing, and shelter.
If a parent still has income left after both of those steps, a Standard of Living Adjustment (SOLA) kicks in so the child shares in the higher standard of living rather than being capped at bare essentials.7Delaware Courts. Delaware Child Support Formula The SOLA percentage scales with the number of children: 12 percent for one, 17 percent for two, 21 percent for three, plus 2 percent for each additional child. Health insurance premiums for the child and work-related childcare are factored in, and the final obligation is divided between the parents in proportion to their incomes.
Filing for a Child Support Order
You start the case by filing a Petition for Support (Form 329) with the Family Court, along with the Information Sheet (Form 240) that helps the court locate the other parent.8Delaware Courts. Delaware Courts – Family Court – Support Forms File in the county where you or the child lives. If parentage still has to be decided, file where the child lives.
Before you fill out the forms, pull together the financial documents the court will want to see: recent pay stubs, federal tax returns, the cost of health insurance for the child, and childcare receipts. Social security numbers for both parents and the children are generally required for case processing.
The civil filing fee is $90, with a possible $10 court security fee on top.9The Family Court of the State of Delaware. The Family Court of the State of Delaware Schedule of Assessed Costs If you cannot afford it, the court accepts an Application To Be Found Indigent, which can waive the cost if you qualify.10Delaware Courts. Family Court – Child Support Overview Once the petition is filed, the other parent is served, DCSS verifies the financial information, and the case usually moves to a hearing or mediation. If the parents can’t agree, a commissioner decides the amount under the Melson Formula.
How Payments Flow
Every Delaware child support payment runs through the Delaware Child Support Payment Clearinghouse, which keeps the official 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, so the paying parent’s employer deducts the support directly from wages and sends it to the clearinghouse before the parent sees the paycheck.
The receiving parent chooses how to get the money: direct deposit into a bank account, or a First State Family Card, which is a prepaid debit card.2Delaware Department of Health and Social Services. Delaware Child Support Payment Services Because every payment is logged centrally, missed payments show up immediately, and the clearinghouse history is what the court looks at in any later modification or enforcement case.
Changing an Existing Order
The Family Court keeps continuing jurisdiction over any Delaware support order as long as at least one party or the child still lives in the state.11Delaware 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 order, you have to show a substantial change in circumstances. That means a meaningful shift in income, health insurance costs, childcare, or the number of children you support, not just a small change.8Delaware Courts. Delaware Courts – Family Court – Support Forms After two and a half years, either parent can ask for a review without clearing that extra bar.
One rule traps people who wait. A modification only applies going forward from the date the other parent is served with the petition. The court cannot retroactively lower what was owed for past months, even if your income dropped long before you filed.11Delaware Code Online. Delaware Code Title 13 Chapter 5 Subchapter II – Section 513 A parent who loses a job and waits six months to file still owes the full original amount for every one of those months. If your situation changes, file right away.
Both parents are also required to exchange completed financial report forms every 12 months so each knows whether a review is warranted.11Delaware Code Online. Delaware Code Title 13 Chapter 5 Subchapter II – Section 513
What Happens When Support Isn’t Paid
DCSS has a stack of enforcement tools, and they escalate with the amount owed and how long it has been overdue.
- Income withholding is the default. Support comes out of wages before the paying parent is paid.
- License suspension applies to any parent who owes $1,000 or more in arrears or retroactive support and is at least 30 days delinquent. DCSS can suspend driver’s, recreational, business, and professional licenses.4Delaware Courts. Frequently Asked Questions About Child Support12State of Delaware. Delaware Division of Child Support Services Returns Licenses to Parents Complying With Child Support
- Federal and state tax refunds can be intercepted and applied to the balance.2Delaware Department of Health and Social Services. Delaware Child Support Payment Services
- Passport denial kicks in at the federal level once past-due support reaches $2,500.13Administration for Children and Families. Passport Denial Program 101
- DCSS can report the debt to credit bureaus, which damages the parent’s credit.
- Delaware law allows the state to intercept lottery winnings.
- A parent found in contempt can be jailed through a civil commitment until a court-set purge payment is made, and fines are also possible.4Delaware Courts. Frequently Asked Questions About Child Support
If jail is a possibility, the parent facing contempt can ask for a court-appointed attorney, and 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 follows the Uniform Interstate Family Support Act (UIFSA), which lets support orders cross state lines for enforcement and modification without starting a brand-new case.14Delaware Code Online. Delaware Code Title 13 Chapter 6 – Uniform Interstate Family Support Act An out-of-state order can be registered in Delaware, and DCSS can work with agencies in other states to locate parents, serve papers, and collect money.
Only one state has jurisdiction over a support order at any given moment. The state that issued the order generally keeps control as long as a party or the child still lives there. If everyone moves, jurisdiction can shift. The practical consequence shows up when you want to change the amount: you usually have to go through the state that currently holds jurisdiction, not whichever court is closest to you.