If a child’s parent is required to pay child support in Delaware, they will usually have to pay child support until they reach the age of majority, graduate high school, or get married. If, however, the child has any special needs or disabilities, the parent may be obligated to provide support past the age of majority.
Child support orders are issued by a court. The order may provide a date when the paying parent can stop child support payments. If this is the case, the order will specify a date when the parent can stop making payments.
Parents who are ordered to pay child support should make sure to always obey the terms of their order. If an individual has any questions about their order in Delaware, they can consult with a local attorney in Delaware who can review their order so they can understand the details.
Paying parents should always continue to make any required payments until they receive a new court order that states they can stop. If a court order is already in place that gives a date when they can stop making payments, they may stop on that date.
If a parent feels that an existing child support order should be modified, they will need to petition the court for that modification. There are certain situations that support a modification, such as a custody change or a job loss.
When Is Child Support Ordered?
A requirement to pay child support may arise from a Delaware divorce or a legal separation. A court can also issue a child support order after a paternity suit when a father who is not married to the mother is seeking custody or visitation.
Unmarried mothers can also request that a child’s father pay child support. No matter the reason that a child support order arises, it will be legally binding on both parents.
When a Delaware court orders a parent to pay child support, they can face legal consequences if they do not make the required payments. In Delaware, as in other states, child support payments are typically made to parents who have custody from parents who do not have custody.
A Delaware court will use the state’s child support guidelines and formula when calculating child support. A parent who has custody of a child will not be required to pay child support because they are already considered to be financially supporting a child who resides with them.
Delaware courts consider many different factors when making child support decisions, such as:
- The child’s best interest standard
- The type of custody arrangement that the parents have, such as joint or sole custody
- The total number of children each of the parents has
- The income of each of the parents
- Any additional childcare expenses
- The age of the children the paying parent is paying support for
In some cases, a noncustodial parent may have to pay retroactive child support. This can happen when a noncustodial parent did not make support payments during a divorce. After the divorce is finalized, the noncustodial parent may be required to pay support for that time period.
How Is a Child Support Award Enforced?
Child support obligations are enforced by state programs and are required under federal law. The Delaware Division of Child Support Services enforces child support in the state.
These agencies will often provide multiple types of services to a custodial parent who needs assistance, such as:
- Helping to establish paternity
- Locating the other parent when their location is unknown
- Helping a custodial parent obtain a court order for child support
- Enforcing an existing child support order by collecting the child support and providing it to the receiving parent
In many situations, the enforcement agency will begin by sending letters to a paying parent in an attempt to collect any past-due support before other enforcement actions are taken. If that does not work, an enforcement agency may take other actions, including:
- Charging interest on child support payments that are past due
- Increasing the amount of money that the agency withholds from a parent’s paycheck
- Setting up a payment plan
- Intercepting federal and state tax refunds
- Intercepting winnings from sports betting
- Denying loans, grants, or passports
- Placing liens on property
How Can I Avoid a Child Support Increase?
A paying parent may be concerned about whether the law will allow them to modify their child support order. Paying parents may also want to have an estimate of what their potential obligation may be. An individual can consult with a child support attorney to find answers to these questions.
Child support guidelines do not automatically adjust child support awards when changes occur. If a parent wants to ask for an increase or decrease in their payment amount, they will have to petition the court for a modification of their order.
Increases in child support amounts may be ordered for many different reasons, including:
- Changes in the custody schedule
- Changes in childcare arrangements
- Changes in health insurance
- Changes in income
- Changes in the needs of the child
How Can I Stop Paying Child Support?
There are some instances when individuals can stop paying child support. There are several different reasons to close a child support case, for example:
- The child reaches the age of majority
- The child graduates high school
- The child is legally emancipated
- The child dies
- A court terminates the rights of a parent
- The child becomes self-supporting
When the parent who makes child support payments loses their job, and it was not their fault, they can request that a court terminate or lower their payments. For example, if the individual was injured and, as a result, has a disability that significantly affects their ability to work.
Do Child Support Payments End Automatically?
In most cases, child support payments do not automatically terminate. If, however, as discussed previously, the order provides a specific date of termination, the payments may end on that date.
It is important for paying parents to know that they will have to ensure that their child support obligation ends at the appropriate time.
How To Get Child Support Arrears Dismissed?
Sometimes, paying parents can fall behind on making their child support payments. Past-due payments are called arrears.
Even when a paying parent’s obligation ends, the parent is still required to pay any arrears amounts. It can be challenging to get child support arrears dismissed.
In some cases, a paying parent can file a motion to dismiss child support arrears when they have a legitimate reason that they cannot make the payments, for example, a disability.
Do I Need a Lawyer for Help With Terminating Child Support?
If you are a child support paying parent in Delaware and you believe you qualify to stop paying child support, you should consult with a Delaware child support lawyer. Your attorney will be able to determine your eligibility to stop or lower your payments and petition the court to modify your current child support order.
LegalMatch is a convenient and no cost way you can find an attorney near you to help you with any child support concerns you may have. Simply submit your child support issue on the website and you will receive responses from member lawyers who are pre-screened, licensed, and ready to assist you.
