Delaware Child Support

Applying for Delaware child support services is a simple procedure.

Once you have completed this application, bring it, along with your identification, a copy of your child support order (if you have one), copies of your child’s birth certificate, and any other pertinent information to your local child support enforcement office. Be prepared to provide as much information as possible about your child’s other parent. For instance, it will be helpful if you can provide the non-custodial parent’s full name, address, Social Security number, date of birth, and place of employment as well as his or her financial information.

Will Delaware Child Support Enforcement Office Help Me Locate The Non-Custodial Parent?
Yes. If you are having trouble locating your child’s other parent, the staff at the Division of Delaware Child Support Enforcement office may be able to help you. This parent locator service utilizes automated records from both state and federal records. For example, files from the Department of Motor Vehicle, the Department of Labor, New Hire databases, and vital statistics, can be searched nationwide to identify the location of the non-custodial parent. If this person is found to be living in another state, the staff at the Delaware child support enforcement office can work with child support staff in the other state to establish and enforce a child support order.

In order to utilize the parent locator service, you will need to provide some information to the staff at the Division of Child Support Enforcement about the non-custodial parent. You will need the non-custodial parent's full name, date of birth and either the non-custodial parent's social security number, his or her last known address, or information about his or her parents. Basically, the more information you can provide about the non-custodial parent, the better chance you will have of actually locating that person.

How Do I Establish A Court Order For Delaware Child Support?
Child support is legally mandated via a court order established in family court. In a situation that involves a divorce, this court order may be established as part of the divorce settlement. However, if no court order exists, the Division of Child Support Enforcement will ask the family court to establish a child support order.

A child support order will establish the monthly amount of money to be paid by the non-custodial parent for the support of the child. This amount will be calculated using a pre-established formula. The child support enforcement staff can also ask for a medical support order to be established as a provision of the child support order to cover the health care needs of the child.

How Is the Amount of Delaware Child Support Determined?
In the state of Delaware, as in most states, the amount money to be paid for child support is determined by a pre-established formula. Under Delaware child support laws, this formula is called the Delaware Support Formula. It takes into consideration the financial needs of the child, the financial status of both parents and the custodial situation.

What Measures Are Used To Enforce Delaware Child Support Orders?
The most common method used for collecting child support payments in Delaware is the Wage Attachment method. This involves requesting the non-custodial parent’s employer to deduct child support payments directly from his or her paycheck just as taxes and other fees are collected. These funds are then sent to the Division of Child Support Enforcement to be disbursed to the custodial parent. This method ensures that child support payments are made in a timely manner each month.

However, there are certainly many cases that arise where the non-custodial parent does not pay his or her child support payments. The Division of Delaware Child Support Enforcement staff can take any one of a number of measures to ensure that child support payments are made in full and on time. Non-custodial parents who do not pay the required child support payments may have to face fines, penalties, and other measures such as:

License Suspension: If a non-custodial parent is in arrears on his or her child support payments, the child support staff can request that his or her driver’s license be suspended. Other licenses such as hunting and fishing licenses, occupational and professional licenses can also be revoked or suspended.

Income Tax Refund Interception: This measure involves intercepting state and/or federal income tax returns and using the money to pay back payments for child support. There may be a fee required by the Internal Revenue Service to utilize this method.

Passport Revocation: The staff at the child support office may request that the passport of a non-custodial parent who is in arrears for child support payments be suspended or revoked until all payments are made. The non-custodial parent will not be able to travel internationally until his or her debt is paid in full.

Lottery Interception: The State of Delaware’s child support law allows the child support enforcement agency to intercept Delaware lottery winnings from a non-custodial parent who has not paid his or her child support payments.

Withholding of Unemployment Compensation or Worker’s Compensation Payments: If the non-custodial parent is collecting either unemployment or worker’s compensation payments, these funds may be seized and used to pay for any child support debt that has accumulated..

Liens: The Division of Child Support Enforcement can place a lien on property such as home, land, or cars, to prevent the non-custodial parent from selling the property or obtaining credit using the property until child support payments are made.

Credit Bureau Reporting: The Division of Delaware Child Support Enforcement will report child support debt to the credit bureaus. This can affect the non-custodial parent’s credit rating and hinder his or her ability to qualify for loans and or credit.

Delaware Child Support Laws.....