| CHILD SUPPORT
Under Delaware law both parents have a duty to support a child until
the child is 18 years of age; or, if the child is still in high school
until the child graduates or attains age 19, whichever occurs first.
A support petition (form #329),
requesting the Court to order a parent to pay support may be filed in
the Family Court. If necessary, the Court may order genetic testing to
establish paternity. Petitions for
modification (form #342), of existing child support orders or petitions
for enforcement (form #342) of orders against parents who are not
paying support as ordered also may be filed in the Court. In most cases
income attachment is ordered for new support orders and when support orders
are modified. The Court charges a fee for filing petitions. However, the
fee may be waived if an individual is unable to pay it.
The Delaware Child Support Formula (sometimes called the Melson Formula),
form # 509 and 509i,
is used to set the amount of the support order. The Formula is based on
both parents incomes and the needs of the child. The Formula calculation
must be performed for every case to ensure that the amount will be fair
and the children will receive enough support. However, it may be challenged
if there are special circumstances, and a different amount may be ordered.
The first time individuals come to Court for a child support order, they
must attend a mediation conference. A Family Court mediator will use the
Delaware Child Support Formula to calculate the support amount, and help
the parents to come to an agreement. If they cannot agree on a support
amount at the mediation conference an interim or temporary order may be
issued. A hearing then will be scheduled before a Commissioner.
When a petition for modification is filed it is assigned first to mediation.
If agreement cannot be reached, a hearing will be scheduled before a Commissioner.
If a parent does not pay child support as ordered, and a petition for
enforcement of the order is filed, a mediation conference will be scheduled.
If a second or any subsequent enforcement petitions are filed, they will
be assigned to a Commissioner or Judge. Parents who fail to pay support
may be charged with contempt of Court, and other remedies such as incarceration
or license suspension may be ordered.
The Division of
Child Support Enforcement provides a full range of child support services
to any individual who applies for services and pays an application fee.
The Division will file petitions in Family Court for child support, modification
of support orders, and enforcement of support orders. The Division also
may enforce support orders administratively by intercepting tax refunds
and suspending licenses.
Additional information can be found in Chapter
9 of the Delaware
Code.
Please note: DCSE’s post office address for court and collection purposes has changed to P.O. Box 12831, Wilmington, DE 19850. Post Office Box 904 in New Castle will be closed effective February 28, 2007.
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