What is Child Support And When Does It Occur In Delaware?

Delaware State laws obligate parents to support their minor child. Typically, child support is determined by the court based on the parents' income. This occurs either through a divorce action or a party filing for child support in a state court.

The Division of Child Support Services of Delaware Health and Social Services ensures the enforcement of court-ordered support and assists individuals with any issues they encounter regarding child support.

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

What is Delaware Child Support?

Under Title 13, Chapter 22 (Division of Child Support Services) of the Delaware Code, Delaware child support refers to the court-ordered duty that both parents have to support their minor child financially. The payment is continuous, and the obligor makes it monthly.

Such matters may arise from a child support action in court or during a divorce proceeding.

What Does Child Support Cover in Delaware?

Child support in Delaware covers the expenses of the child’s primary needs. In some cases, the court may also modify the primary support obligations to benefit the child. Expenses generally covered by child support payments in the state include:

• Medical Expenses: Delaware child support covers the child's medical and health care. This may be health insurance or other healthcare expenses that insurance excludes, such as dental, vision, or orthodontics.
• Education: The child support payment budget typically includes the minor’s educational expenses. Under the law, parents owe a support duty till the child finishes high school or turns 19 years of age (whichever occurs first)
• Childcare cost: Such expenses generally cater to the child's basic needs.

What is the Average Child Support Payment in Delaware?

In Delaware, the parents’ net income combined determines the average child support payment. The child support is usually deductible from a parent’s income after removing their self-support allowance, taxes, and other deductible allowances such as alimony, health insurance, and retirement payments. The court typically sets a self-support allowance of $1,170 for each parent.

Per the Child Support Formula Instructions, the court imposes a minimum child support obligation of $110 and $170 for more than one child.

Individuals interested in determining their Delaware child support obligation can use the Child Support Worksheet form to calculate it or the online Child Support Calculator.

How Do I Apply For Child Support in Delaware?

Interested parties may apply for child support in Delaware by filing a support petition in court or filing a support action through the Division of Child Support Services (DCSS).

Parents may file a support petition and other necessary documents with the Family Court in any state or county. Following the court fee schedule, filing charges may apply. Petitioners may also visit the Family Court Location page on the Judicial Branch site to find the court’s addresses and contact information. The court also receives support petitions via email at (FC_ChildSupport@delaware.gov).

A support action can also be initiated via the DCSS by completing their application form, attaching any required documents, and submitting it via mail or in-person at any of their office locations.

Upon filing a petition of support, the respondent typically receives a copy of the court papers and may file an Answer within 20 days from the service date.

The court schedules a mediation conference for the child support order, which is typically compulsory for both parties to attend.

How Do I Get Out of Paying Child Support in Delaware?

Generally, a parent may stop paying child support in Delaware once the child reaches the age of 18. If the child is not done with high school by that age, the child support obligation terminates when the child graduates or reaches age 19.

The court may order a test to confirm paternity during a support action. If the test shows that an individual is not the biological parent, they do not owe any child support duty.

A parent’s support obligation can be reduced if they have custody of the child for 80 to 163 overnights per year. Such parents may also keep a percentage of the primary support. Interested parties may also request that the court modify the child support order. Such requests may be made after a two-and-a-half-year period since the initial calculation of the child support amount.

What is Back Child Support in Delaware?

Back child support in Delaware is the accumulated debt of a parent who did not make their child support payment for a specific period. Under Section 15–2215, such past-due payment becomes a lien in favor of the other party in an amount adequate to satisfy the debt.

How Do I Get Back Child Support Paid in Delaware?

Individuals may contact the Delaware Department of Child Support Enforcement (DCSE) to get back child support payments. The DCSE is generally responsible for enforcing child support orders in the state. The DCSS contact information page provides the information that individuals may use to contact the department. Some of the enforcement measures employed by the DCSE include:

• Withholding of income
• Intercepting lottery winnings in the state
• Suspension of license (driver's license, hunting/fishing license, professional license)
• Denial of passports for non-custodial parents with back child support debts of $2,500 or more
• Interception of the federal or state tax refunds

Is There a Delaware Statute of Limitations on Child Support?

Delaware state laws do not provide a statute of limitations on child support. Therefore, individuals are eligible to collect child support payments regardless of the time. However, the statute of limitations on establishing paternity in child support is when the child turns 18 or 19 (if they are still in high school).