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.