Delaware Child Support Guidelines

In most states, the needs of the child are the primary focus of child support orders. Delaware takes a different approach by equating the needs of the parents with those of the child. While parents still must meet their child support obligations, Delaware tries to ensure that parents provide for their children without impoverishing them.

The Delaware courts have the difficult task of calculating child support obligations. In this article, we’ll examine:

• Delaware child support guidelines
• What the Delaware child support formula is based on, and how it works
• What agencies oversee child support, and what they control

The Basics of Child Support

If parents aren’t raising a child together, Delaware law requires that they provide child support. Regardless of their relationship or each parent’s income, both must meet the child’s basic needs.

What Agency Oversees Child Support in Delaware?

Federal law under Title IV-D of the Social Security Act of 1975 places responsibility for managing a child support program in the states. The Delaware Department of Health and Human Services Division of Child Support Services (DCSS) (formerly the DCSE) handles all administrative programs for child support. This includes:

• Establishment of paternity
• Establishment of support obligations (financial and medical child support)
• Location of parents
• Enforcement of support obligations
• Review and adjustment (modification) of support orders
• Collection and distribution of support payments
• Cooperation with other state IV-D agencies in the provision of these services

DCSS works with the Delaware Family Courts on many of these matters. All child support orders must be approved by a court to take effect. The courts can also compel genetic testing to determine paternity.

Who Is Eligible for Child Support?

The noncustodial parent generally pays child support to the custodial parent. The custodial parent has physical custody of the children for more overnights per year.

The number of overnights the noncustodial parent has custody of the children can affect the amount of child support. Under the Delaware child support formula:

• Up to 79 overnights is 0% credit
• 80 to 124 overnights is 10% credit
• 125 to 163 overnights is 30% credit

Child support is often part of divorce proceedings or child custody hearings. Parents can petition for child support from the other birth parent through either family court or the DCSS. DCSS filings are available in person or through the DCSS online application portal. The latter requires a myDelaware account.

There’s a $25 fee to file for child support. The court may also charge a $10 civil court security assessment fee. Parents not on Temporary Assistance for Needy Families (TANF) or other forms of public aid get charged $35 each year for each child on their order. This comes from child support payments after a recipient has received at least $550.

When the petition gets filed, the first time the parents come to court will involve mediation with a family court mediator. They’ll apply the guidelines to calculate amounts. If the parents agree, the court approves and issues the order. Otherwise, it goes to a hearing.

Calculating Child Support Payments

The first step of Delaware’s child support guidelines calls for determining the gross combined income of the parents. The following qualify as income or income-related for purposes of determining child support arrangements:

• Wages
• Salaries
• Commissions
• Bonuses
• All unearned taxable income
• Dividends
• Severance pay
• Pensions
• Workers’ compensation
• Winnings (lottery and gambling)

Other sources of income not listed here are subject to inclusion as well. Once the gross income is determined, applicable deductions are applied. These include:

• Taxes
• Medical insurance
• Pensions
• Union dues
• Disability insurance
• Alimony payments to the other parent
• Other allowable business expenses that qualify
• Self-support allowance (the minimum amount of income necessary for a parent to remain productive in a workplace qualifies as a parent’s self-support allowance) (2024: $1,510)
• Adjustments for other dependants

This provides the net available income for the primary support obligation. The total for each parent gets added together to create the combined net income available. Divide the net available for primary support for each parent by the total net available to get the share of available obligation.

The Delaware Child Support Formula continues by adding costs for the number of children, childcare expenses, health insurance premiums, and educational expenses. Standard of living adjustments (SOLA) follow.

The process ends with credits such as parenting time being applied to reach each parent’s net obligation. Page 27 of the Family Court’s FAQ About Child Support offers a detailed walkthrough.

Payment, Enforcement, and Modification of Child Support

Unless a special arrangement gets approval from the court, the DCSS handles all child support payments. The default form of collection is through an income withholding order (IWO). This requires employers to deduct child support payments from the noncustodial parent’s paycheck. This method makes voluntary refusal to pay child support extremely difficult.

Parents not under an IWO must use alternate methods of payment. These include:

• Check
• Money order
• iPayOnline
• TouchPay Kiosks

The DCSS disburses payments to recipients through direct deposit or via ReliaCard, a pre-paid debit card.

The DCSS is also responsible for child support enforcement. Parents who fall into arrears (behind on payments) will get a warning letter from the DCSS. The letter encourages them to pay before administrative procedures for collecting overdue funds begin. These include:

• Consumer reporting — Child support debt gets reported to consumer reporting agencies, which can affect the noncustodial parent’s credit rating
• Income Withholding Orders (IWO) — If not imposed when the order was issued, the DCSS can order employers to deduct child support from the noncustodial parent
• License suspension — The DCSS can work with the applicable agency to suspend Delaware driver’s licenses, hunting and fishing licenses, occupational licenses, and professional licenses
• Lottery intercept — Seized Delaware Lottery winnings pay off arrears
• Passport denial — Passports get denied to any noncustodial parent who owes $2,500 or more in past-due child support
• Income tax refund intercept — State and federal tax refunds pay off arrears
• Unemployment compensation — Unemployment insurance benefits are either withheld or seized

The primary goal is to provide for the child. Punitive measures are a last resort, but contempt-of-court charges are possible for willful refusal to pay a child support obligation.

Delaware is aware that significant changes in circumstances happen. These can make paying child support difficult or even impossible. Parents should contact their caseworker at the DCSS if they’re experiencing financial hardship.

It’s possible to modify an existing child support order. All orders are subject to review after two-and-a-half years. Parents can also apply for a modification if there’s been a substantial change of circumstances. They must try mediation. If that fails, the new data gets applied to the Child Support Formula. The court issues a revised order if there’s more than a 10% change.

Delaware Child Support Guidelines: Review

Figuring out child support obligations is a complicated and sometimes frustrating process. We’ve gathered what you’ve learned in the table below for easy reference. Links are available for further research.

Disclaimer: Delaware laws can change often. While we do our best to provide the most up-to-date information available, confirm current Delaware state law with a family law attorney before making any decisions about your child support order.

Delaware Child Support Guidelines: More Resources

• Delaware Child Support Calculator/Child Support Formula
• What Does Child Support Cover?
• Child Support Modification
• DCSS Office Location — Dover (Kent County)
• DCSS Office Location — Georgetown (Sussex County)
• DCSS Office Location — New Castle (New Castle County)

Need Help With Child Support Guidelines in Delaware? Speak With an Attorney

Kids are wonderful, but they’re also expensive. Whether it’s medical expenses or tuition, costs can get overwhelming. If you need help creating, modifying, or enforcing a child support order, contact a Delaware family law attorney. They can help you with all your concerns around child support arrangements.