Child support is a critical issue for many families in Delaware and throughout the United States. Also referred to as Child maintenance, the laws exist to ensure that children receive the financial support they need to thrive and reach their full potential. In Delaware, these laws are designed to help cover the costs of raising a child.
Whether you are a parent seeking to establish or modify a child support order in DE, or a noncustodial parent looking to understand your responsibilities and rights, this article will provide valuable information and guidance.
In this article, we will explore the laws and regulations surrounding child maintenance in Delaware, including how it is calculated and enforced, and provide resources for those seeking help with child support issues.
What is Delaware Child Support Laws?
Delaware‘s child support laws are based on the “Income Shares Model,” meaning that both parents‘ incomes are used to calculate their respective shares of the total amount of child support. The Delaware Child Support Guidelines provide a formula to calculate the amount of child support that must be paid.
The child support amount is based on the number of children, the respective incomes of both parents, and the amount of time each parent spends with the child. In addition to the basic support obligation, parents may also be required to contribute to the child‘s medical, dental, and educational expenses.
Delaware‘s child support laws also contain provisions for health care coverage, including medical, dental, and vision insurance. Parents may be ordered to contribute to the cost of health care coverage for the child, either through private insurance or through public programs such as Medicaid.
Delaware also requires that parents keep current with court–ordered child support payments. If a parent fails to make required payments, the court may impose sanctions such as garnishing wages, suspending driver‘s licenses, or placing liens on the property.
Purpose and Use of Child Maintenance in DE
The general purpose of child support in DE includes:
- To ensure that children receive the financial support they need to thrive and reach their full potential
- To cover the costs of food, housing, clothing, healthcare, and other essential expenses for the child
How Child Support is Calculated in DE
In Delaware, child support is calculated using a set of guidelines that take into account the income of both parents and the needs of the child. Here are the steps involved in calculating child support in Delaware:
- Determine the gross income of both parents: The court will consider income from all sources, including wages, salaries, commissions, bonuses, and self-employment income.
- Calculate the combined gross income of both parents: The combined gross income is determined by adding the gross income of both parents together.
- Determine the child support percentage: The child support percentage is based on the combined gross income of both parents and is set by the Delaware Child Support Guidelines. For example, if the combined gross income is $80,000 per year and the parent who is ordered to pay child support has one child, the child support percentage would be 17%.
- Calculate the child support amount: The child support amount is determined by applying the child support percentage to the gross income of the parent who is ordered to pay child support. For example, if the parent has a gross income of $40,000 per year and has one child, the child support amount would be $6,800 per year (17% of $40,000).
- Consider other factors: The court may consider other factors when determining the amount of child support, such as the needs of the child and the ability of each parent to pay.
Delaware Child Support Calculator
The Delaware Child Support Calculator is a tool that is used to determine the amount of child support that should be paid in a particular case. The calculator takes into account the income of both parents, the number of children involved, and the amount of time each parent spends with the children.
To use the Delaware Child Support Calculator, you will need to input certain information about your case, including the gross income of both parents, the number of children involved, and the amount of time each parent spends with the children. The calculator will then use this information to determine the amount of child support that should be paid based on the state guidelines.
Factors that may Affect the Amount of Child Maintenance in Delaware
- Income of both parents: The income of both parents is a significant factor in determining the amount of child maintenance in Delaware. The guidelines use a percentage of the combined gross income of both parents to determine the basic child support obligation.
- The number of children: The number of children for whom child maintenance is being calculated is another important factor. The guidelines use a different formula for each number of children, so it is important to accurately determine the number of children involved.
- Amount of time each parent spends with the children: The amount of time each parent spends with the children can also affect the amount of child maintenance that is paid. The guidelines provide a formula for determining the amount of child support that each parent should pay based on their respective incomes and the amount of time they spend with the children.
- Special circumstances: The court may deviate from the guidelines in certain circumstances, such as when the income of one parent is significantly higher or lower than the guidelines suggest, or when the child has extraordinary medical or educational expenses.
- Changes in circumstances: Child maintenance orders may be modified by the court if there is a significant change in circumstances, such as a change in the income of either parent or a change in the amount of time each parent spends with the children.
Challenging Child Support Assessment in DE
There may be times when a parent wishes to challenge a child support assessment in Delaware. There are a few different ways that a parent may do this:
- Request a review: If a parent believes that there has been a mistake in the calculation of the child support assessment, they can request a review of the assessment. The parent should provide any documentation that they believe supports their claim, such as proof of income or changes in circumstances.
- File a petition to modify the child support order: If a parent believes that there has been a significant change in circumstances that warrants a modification of the child support order, they can file a petition with the court to modify the order. This may include changes in income, changes in the amount of time each parent spends with the children or other significant changes.
- Seek the guidance of an experienced family law attorney: It is always a good idea to seek the guidance of an experienced family law attorney if you have questions or need help with child support issues in Delaware. An attorney can help you understand your rights and options and can represent you in court if necessary.
Modifying a Child Support Order in Delaware
There may be times when a parent wishes to modify a child support order in Delaware. This could be because of a change in circumstances.
To modify a child support order in Delaware, the following steps are generally followed:
- File a petition to modify the child support order: A parent who wishes to modify a child support order must file a petition with the court that issued the original order. The petition should include information about the proposed changes and the reasons for seeking the modification.
- Serve the petition on the other parent: The parent who filed the petition must serve the petition on the other parent, either personally or through a process server.
- Attend a hearing: The court will schedule a hearing to consider the petition to modify the child support order. Both parents should attend the hearing and be prepared to present evidence and argue their case.
- Wait for a decision: After the hearing, the court will consider the evidence and arguments presented and will issue a decision on the petition to modify the child support order.
Factors that may Warrant a Modification
There are a few different factors that may warrant a modification of a child support order in Delaware:
- Change in income: A significant change in the income of either parent may warrant a modification of the child support order. This could include a significant increase or decrease in income, such as a promotion or a job loss.
- Change in the amount of time each parent spends with the children: A change in the amount of time each parent spends with the children may also warrant a modification of the child support order. For example, if one parent begins to have the children overnight more frequently, this may warrant a modification of the child support order.
- Change in the needs of the child: A change in the needs of the child may also warrant a modification of the child support order. For example, if the child develops a medical condition that requires additional healthcare expenses, this may warrant a modification of the child support order to cover these additional expenses.
- Other significant changes in circumstances: Any other significant changes in circumstances that may affect the ability of one parent to pay child support or the needs of the child may also warrant a modification of the child support order.
Process for Requesting Child Maintenance Order Modification in Delaware
To request a modification of a child support order in Delaware, the following steps are generally followed:
- File a petition to modify the child support order: A parent who wishes to modify a child support order must file a petition with the court that issued the original order. The petition should include information about the proposed changes and the reasons for seeking the modification.
- Serve the petition on the other parent: The parent who filed the petition must serve the petition on the other parent, either personally or through a process server.
- Attend a hearing: The court will schedule a hearing to consider the petition to modify the child support order. Both parents should attend the hearing and be prepared to present evidence and argue their case.
- Wait for a decision: After the hearing, the court will consider the evidence and arguments presented and will issue a decision on the petition to modify the child support order.
How to Collect and Enforce Child Support in DE
There are a few different ways that a parent can collect and enforce child support in Delaware:
- Income withholding: In most cases, child support is paid through income withholding, which means that the noncustodial parent’s employer is required to deduct the amount of child support from the parent’s paycheck and send it to the custodial parent.
- Liens: If the noncustodial parent fails to pay child support, the custodial parent may be able to place a lien on the noncustodial parent’s property, including their home, vehicle, or bank accounts.
- Garnishment: The custodial parent may be able to garnish the noncustodial parent’s wages or other sources of income, such as their social security benefits or workers’ compensation payments.
- Contempt of court: If the noncustodial parent fails to pay child support as ordered by the court, they may be found in contempt of court and may face consequences such as fines, jail time, or other penalties.
- Assistance from the Office of Child Support Enforcement: The Office of Child Support Enforcement (OCSE) is a state agency that can help parents collect and enforce child support orders. The OCSE can assist with income withholding, locating non-custodial parents, and enforcing child support orders through legal action.
The Impact of COVID-19 on Child Support Payments and Enforcement in DE
The COVID-19 pandemic has had a significant impact on child support payments and enforcement in Delaware and across the United States. Many parents have experienced financial hardships as a result of the pandemic, which may affect their ability to pay child support. At the same time, the pandemic has disrupted normal court operations, making it more difficult to enforce child support orders.
Here are a few ways that COVID-19 has impacted child support payments and enforcement in Delaware:
- Financial hardship: Many parents have experienced financial hardship as a result of the pandemic, including job loss, reduced income, or increased expenses. This may make it more difficult for some parents to pay child support as ordered by the court.
- Court disruptions: The pandemic has disrupted normal court operations, including child support hearings. This may make it more difficult to enforce child support orders or modify existing orders.
- Payment relief: Some states, including Delaware, have implemented payment relief measures to help parents who are struggling to pay child support due to the pandemic. These measures may include temporary suspension of payment requirements, reduced payment amounts, or other measures.
- Enforcement challenges: The pandemic has also made it more challenging to enforce child support orders through normal means, such as income withholding or garnishment. This may make it more difficult for custodial parents to receive the child support payments they are entitled to.
Temporary Changes to DE Child Support Laws and Guidelines During the Pandemic
There have been several temporary changes to Delaware child support laws and guidelines during the COVID-19 pandemic. These changes were implemented to help parents who were struggling to pay child support due to the financial hardships caused by the pandemic.
Here are a few examples of temporary changes to Delaware child support laws and guidelines during the pandemic:
- Suspension of payment requirements: Some child support orders have been temporarily suspended, which means that parents are not required to make payments until further notice. This may be done on a case-by-case basis, depending on the individual circumstances of the case.
- Reduced payment amounts: In some cases, child support payments have been temporarily reduced to reflect the financial impact of the pandemic. This may be done on a case-by-case basis, depending on the individual circumstances of the case.
- Payment relief measures: The state of Delaware has implemented payment relief measures to help parents who are struggling to pay child support due to the pandemic. These measures may include temporary suspension of payment requirements, reduced payment amounts, or other measures.
Resources for Parents Seeking Information and Assistance with Child Support Issues
If you are a parent in Delaware who is seeking information or assistance with child support issues, there are a number of resources available to you. Here are a few options to consider:
- Delaware Department of Health and Social Services (DHSS): The DHSS is responsible for enforcing child support orders and providing assistance to parents who are seeking child support. You can contact the DHSS for help with calculating child support, modifying a child support order, and enforcing a child support order.
Phone: 1-800-992-9457
Email: cse.dhss@delaware.gov
Website: https://www.dhss.delaware.gov/dhss/dcse/index.html
- Legal Aid of Delaware: Legal Aid of Delaware is a non-profit organization that provides free legal assistance to low-income individuals and families. You can contact Legal Aid of Delaware for help with child support issues and other legal matters.
Phone: 1-888-225-0582
Email: info@legalaid.delaware.gov
Website: https://www.legalaid.de.gov/
- Delaware State Bar Association: The Delaware State Bar Association is a professional organization for attorneys in Delaware. You can use the Delaware State Bar Association’s website to find an attorney who specializes in child support issues.
Phone: 1-302-658-5279
Email: info@dsba.org
Website: https://www.dsba.org/
- Family Court of the State of Delaware: The Family Court of the State of Delaware is a court that handles cases involving child support, custody, and other family law matters. You can use the Family Court’s website to find information and resources related to child support.
Phone: 1-302-255-0800
Email: familycourt@delaware.gov
Website: https://courts.delaware.gov/family/
The Role of Delaware Child Support Agencies in Enforcing Orders
The DHSS has a number of tools and resources available to help parents collect and enforce child support payments, including:
- Income withholding: The DHSS can order an employer to withhold child support payments from the pay of the parent who is ordered to pay child support. This is typically the most effective way to collect child support payments.
- Credit bureau reporting: The DHSS can report non-payment of child support to credit bureaus, which can negatively impact the credit rating of the parent who is not paying.
- License suspension: The DHSS can suspend the driver’s license, professional license, or recreational license of a parent who is not paying child support as ordered.
- Property seizure: The DHSS can seize the property of a parent who is not paying child support as ordered.
- Contempt of court: The DHSS can file a contempt of court action against a parent who is not paying child support as ordered. If a parent is found in contempt of court, they may be ordered to pay a fine or serve time in jail.
Frequently Asked Questions
Who Pays Child Maintenance in Delaware?
In Delaware, child support is typically paid by the noncustodial parent to the custodial parent. The noncustodial parent is generally the parent who spends the least amount of time with the children. Child support payments are intended to help the custodial parent cover the costs of caring for the children, including expenses such as food, shelter, clothing, healthcare, and education.
Is Medical Health Insurance Part of Child Support in DE?
Medical health insurance may be included as part of a child support order in Delaware. The court may order the noncustodial parent to provide health insurance coverage for the children as part of the child support order. This can help ensure that the children have access to necessary medical care and can reduce the financial burden on the custodial parent.
If the noncustodial parent is ordered to provide health insurance coverage for the children as part of the child support order, they will generally be responsible for paying the premiums for the insurance coverage. The cost of the premiums may be included in the overall child support amount, or it may be ordered as a separate payment.
Does Delaware Require a Minimum Amount of Child Support?
Under the Delaware child support guidelines, there is no set minimum amount of child support that must be paid. However, the guidelines do provide a range of child support amounts that may be appropriate based on the income of the parents and the number of children. The court will consider the specific circumstances of the case and may order a child support amount that falls within the guidelines or that deviates from the guidelines based on the needs of the children and the ability of the parents to pay.
How Long Do You Have to Pay Child Support in DE?
In Delaware, the obligation to pay child support typically ends when the child reaches the age of majority, which is 18 years old. However, there are a few circumstances under which the obligation to pay child support may continue beyond the age of 18:
- If the child is still in high school: If the child is still in high school when they turn 18, the obligation to pay child support may continue until the child graduates from high school or turns 19 years old, whichever comes first.
- If the child is disabled: If the child is disabled and unable to support themselves, the obligation to pay child support may continue indefinitely.
- If the child is attending college: If the child is attending college and the court has ordered the parent to pay a portion of the child’s college expenses, the obligation to pay child support may continue until the child completes college or turns 23 years old, whichever comes first.
How Does Delaware Child Maintenance Work if one Parent Has no Job?
If one parent is not working and has no income, the court may still order that parent to pay child support in Delaware. In this situation, the court may impute income to the nonworking parent based on their education, work experience, and the local job market. Imputing income to a parent in a child support case means assigning an income to the parent based on their potential earning capacity rather than their actual income.
The court will consider a variety of factors in determining whether to impute income to a nonworking parent in a child support case, including the parent’s education, work experience, and the local job market. The court may also consider the parent’s reasons for not working, such as caring for young children or pursuing additional education.
Is Child Support Tax Deductible in DE?
In most cases, child support payments are not tax deductible in Delaware or in any other state in the United States. Child support payments are considered to be personal payments that are not related to the production of income, and therefore they are not tax deductible.
However, there are some limited circumstances in which child support payments may be tax deductible. For example, if a parent is paying child support as part of a divorce or separation agreement, and the agreement specifically states that the payments are to be treated as alimony, the payments may be tax deductible by the paying parent and taxable to the receiving parent.
Conclusion
Delaware child support laws are an important part of ensuring that children receive the financial and emotional support they need from both parents. While the laws can be complicated, they are designed to protect the best interests of the child. Parents should familiarize themselves with the laws and consult an attorney if they have any questions or concerns.
Get some help by contacting Child Support Law Attorneys in Delaware
As a parent, the well-being and future of your child should be your top priority. But navigating the complex world of child maintenance laws can be overwhelming and stressful. That’s where child support attorneys come in. These dedicated professionals can help guide you through the process of establishing or modifying a child support order, ensuring that your child receives the financial support they need and deserve. Don’t let your child’s future be left to chance. Take control of their financial stability and seek the services of a skilled child maintenance attorney in Delaware today. Don’t wait, your child’s future depends on it.
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