Delaware Child Support Laws

Child support laws in Delaware are governed by the Division of Child Support Services (DCSS). The DCSS administers the state of Delaware’s child support enforcement policy, which includes locating noncustodial parents, paternity determination, and enforcing child a support order. The state uses the Melson Formula, a variant of the Income Shares Model, to calculate child support.

The formula takes into account the income of both parents, the primary custody holder’s needs, and the standard of living the child would have enjoyed if the parents had not separated.

The Melson Formula is designed to account for the standard of living the child would have enjoyed if the parents were not divorced or separated and to ensure each parent and the child have their basic needs met. Here’s how it generally works:

• Parental Income: Each parent’s gross income is determined first. This includes wages, salaries, bonuses, and other income. Certain deductions may be applied, such as taxes and mandatory retirement contributions.
• Primary Custody Holder’s Needs: A certain percentage of the parents’ combined income is then allocated to cover the primary custody holder’s basic needs. This amount is not part of the child support calculation but ensures that the custodial parent can maintain a reasonable standard of living.
• Child’s Basic Needs: A portion of the parents’ combined income is allocated to meet the child’s basic needs. This amount is determined by the state’s child support guidelines and varies based on the parents’ income and the number of children.
• Standard of Living Adjustment: The Melson Formula includes a feature not found in the Income Shares
• Model: it allows for an adjustment based on the standard of living the child would have enjoyed if the parents had not separated. If there is remaining income after the parents’ and child’s basic needs are covered, a portion of it is allocated as additional child support to reflect this standard of living.
• Noncustodial Parent’s Obligation: After the above calculations, the noncustodial parent’s share of the child support is determined based on their percentage of the combined parental income.

Remember, these steps provide a basic overview, and the actual calculation can be more complex, depending on the specifics of the case and local regulations. Because child support calculations can be complex and have long-term consequences, it’s often helpful to consult with an experienced family law attorney for guidance.

Who Needs to Pay Child Support?

In Delaware, both parents are legally obligated to support their children. The noncustodial parent (the parent who does not have primary custody) usually makes child support payments to the custodial parent (the parent with whom the child primarily lives). Child support is required until the child reaches 18 or graduates from high school, whichever occurs later.

How Can I Petition for Child Support?

To petition for child support in Delaware, the custodial parent or legal guardian must first apply to the DCSS. The DCSS will then attempt to establish paternity if necessary and enforce a child support order. The order outlines the amount of child support to be paid and the payment schedule.

What If I Refuse to Pay Child Support?

Refusal to pay child support is a serious matter in Delaware. Nonpayment can result in wage garnishment, interception of tax refunds, liens on property, revocation of driver’s or professional licenses, and even jail time. Importantly, Delaware child support arrears, or past-due child support, does not go away — the parent will still owe this debt, and it may even accrue interest.

What Recourse Can the Other Parent Have If I Do Not Pay Support?

If a noncustodial parent fails to pay child support, the custodial parent has several legal recourses. They can contact the DCSS to enforce the order. The DCSS has a range of enforcement tools, including income withholding, tax offset, property lien, license suspension, passport denial, and civil contempt. In severe cases, the nonpaying parent may face criminal charges.

• Income Withholding: The DCSS can arrange for child support to be automatically deducted from the noncustodial parent’s income. This is the most common method used to collect child support and can apply to wages, unemployment benefits, and other sources of income.
• Tax Offset: If the noncustodial parent is entitled to a federal income tax refund but owes past-due child support (arrears), the DCSS can intercept or seize the refund to cover the arrears. This is typically done in cases where the overdue child support is significant and has been due for a certain period.
• Property Lien: The DCSS can place a lien on the noncustodial parent’s property, such as a house or car. This means that when the parent tries to sell the property, the child support debt must be paid out of the proceeds before they can receive any money.
• License Suspension: The DCSS may suspend the noncustodial parent’s licenses if they fail to pay child support. This can include their driver’s license, professional licenses, and even recreational licenses like hunting or fishing permits.
• Passport Denial: The U.S. State Department may deny passport services to a noncustodial parent who owes a certain amount in child support arrears. This can prevent them from traveling outside of the country until the debt is paid or arrangements are made to pay it.
• Civil Contempt: If the noncustodial parent disobeys the court’s child support order, they can be held in contempt of court. This can result in fines or even jail time until they pay the owed child support.
• Criminal Charges: In extreme cases, if the noncustodial parent willfully fails to pay child support and has the ability to do so, they can be charged with a criminal offense. This can result in fines, probation, or imprisonment.

The ultimate goal of these enforcement measures is not to punish the nonpaying parent but to ensure that they fulfill their financial responsibility to their children. They are generally used as a last resort when the noncustodial parent has failed to pay child support despite having the ability to do so. Each case is unique, and the enforcement methods used can depend on various factors, including the amount of child support owed and the noncustodial parent’s financial circumstances.

How Can I Stop Paying Child Support?

There are limited circumstances where a noncustodial parent can legally stop paying child support. If the parent can prove a significant change in circumstances — like a considerable drop in income or loss of employment — they can request a modification of the child support order. Another scenario is if the child reaches the age of majority and is no longer in high school. It is crucial to go through proper legal channels before stopping payments to avoid penalties.

Where Can I Find the Right Lawyer?

If you need assistance with child support issues in Delaware, it’s a good idea to contact a local Delaware child support lawyer. An experienced attorney can guide you through the process, represent your interests, and help you understand your rights and responsibilities. LegalMatch can connect you with a qualified Delaware child support attorney to ensure the best possible outcome for your case.

Don’t wait any longer to get the help you need and deserve. Use LegalMatch to find the right child support lawyer in Delaware for your needs.