Delaware State Law
A. General/Program-At-A-Glance
A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)? |
Three - New Castle County, Kent County, and Sussex County |
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only? |
No |
A2.1. If yes, what is the statutory citation? |
For Additional Information - No Link Provided |
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship? |
No |
A2.3. If yes, please explain. |
B. UIFSA
C. Reciprocity
C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.) |
Australia, Canada, Czech Republic, El Salvador, Finland, Germany, Hungary, Ireland, Israel, Netherlands, Norway, Poland, Portugal, Slovak Republic, Switzerland, United Kingdom |
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
C1.2. If yes, please explain. |
N/A |
C2. Has your state established reciprocity with any Native American tribal courts? |
No |
C2.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A |
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? ** |
No |
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) ** |
No |
D. Age of Majority
E. Statute of Limitations
F. Support Details
G. Income Withholding
G1. What specific source of income is not subject to withholding? |
Supplemental Social Security Benefits
For Additional Information - No Link Provided |
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
G2.1. If yes, what are those limits? |
N/A |
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments? |
Delaware Code allows employers to charge a "reasonable" fee - general rule is up to, but not to exceed $2.00
For Additional Information - No Link Provided |
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
7 days |
G5. What is the date by which an employer must remit amounts withheld from an employee's pay? |
On or before the date the employee is paid. |
G6. What are your state's procedures for sanctioning employers for not implementing income withholding? |
Contempt petition would be filed in the State of Delaware Family Court. The Family Court Commissioner would determine sanction after court proceeding. |
G7. What is the penalty to an employer for failure to remit payments withheld? |
Not more then $1000.00 for a first offense or imprisoned not more then 90 days or both. For each subsequent offense shall be fined not more than $5,000.00 or imprisoned not more than 1 year, or both.
For Additional Information - No Link Provided |
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines? |
No |
G8.1. Explain your process for receiving direct withholding orders across state lines. |
N/A
For Additional Information - No Link Provided |
G8.2. What documents are required to intercept UI benefits? |
A complete UIFSA packet must be submitted to DCSS. At least one of the parties must reside in DE for UIFSA to be processed. |
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines? |
Yes |
G9.1. Optional comments regarding direct withholding of WC benefits across state lines. |
N/A |
G10. How does an obligor contest income withholding in your state? |
In writing, to the Administrative Hearing Officer. |
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders. |
Child support attachment has priority over any other attachment, except for federal tax liens, regardless of whether such other attachment was perfected prior to the support attachment. |
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance? |
Yes |
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed. |
N/A
For Additional Information - No Link Provided |
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
Yes: union dues, medical insurance premiums, taxes, pension plans up to 3% |
G13. When does your state require the employer to send notice of an employee's termination? |
Upon termination
For Additional Information - No Link Provided |
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired? |
N/A |
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state? |
No |
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No
For Additional Information - No Link Provided |
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer? |
Employer
For Additional Information - No Link Provided |
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support. |
Child support, arrears, medical support
For Additional Information - No Link Provided |
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims? |
Federal Distribution |
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation? |
N/A
For Additional Information - No Link Provided |
G21. Does your state's law require a signature on the income withholding order? |
No |
H. Paternity
I. Support Order Establishment
J. Support Enforcement
J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both). |
J1.1. Are your state income tax refund procedures judicial, administrative, or both? |
Administrative procedures |
J2. Is the lien process in your state judicial, administrative, or both? |
Both |
J2.1. What are the trigger criteria for filing a lien? |
Varies - IV-D Case
For Additional Information - No Link Provided |
J2.2. Where are your state liens filed? |
Register of Wills, Clerk of Court, Prothonotary, Attorneys' of Record, or Sec. of Industrial Accident Board, Financial Instituation, Insurance Company |
J2.3. Does your state charge a fee for filing a lien? |
Yes |
J2.4. If yes, please indicate the amount. |
Amount varies |
J.3. Does your state enforce property seizure and sale? |
No |
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial procedure |
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both? |
Administrative |
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support? |
NCP is sent notification 3 days after Notice of Lien is sent to financial institution. |
J4.2. Does your state's income withholding definition include amounts in financial institutions? |
No
For Additional Information - No Link Provided |
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent? |
Yes |
J4.3.1 If yes, who notifies the NCP, the state or the financial institution? |
State |
J5. What are the time frames if a new notice of intent to freeze and seize must be sent? |
N/A |
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state? |
$1,000 minimum arrears AND 60 days no voluntary pay. FIDM levy seizure, tax intercept, lottery intercept and administrative offset not considered voluntary pay. |
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure? |
$1,000.00
For Additional Information - No Link Provided |
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize? |
Yes |
J5.3.1. If yes, please provide the time frame. |
60 days |
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize? |
No |
J5.4.1. If yes, provide the percentage. |
n/a |
J5.4.2. Is the percentage different for joint accounts? |
Yes |
J5.4.3. If yes, describe. |
Dependent upon proof and attribution of funds deposited into account. |
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount. |
No. |
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution? |
n/a |
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action? |
20 days, in writing to Administrative Hearing Coordinator
For Additional Information - No Link Provided |
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action? |
n/a |
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action? |
NCP incorrectly identified as delinquent obligor, no child support payment is past-due, incorrect arrears amount, filing of bankruptcy, or not a IV-D case.
For Additional Information - No Link Provided |
J5.10. Is your state's complaint review process judicial, administrative, or both? |
Administrative with appeal to Judicial |
J5.11. What are your state's penalties for incorrect seizures? |
None |
J5.12. Is the second challenge administrative, judicial, or both? |
Judicial |
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
Within 20 days from date of notice, account holders must file a request in writing. Only three issues can be raised (obligor is not the person, arrears are incorrect, child support payments were made in last 60 days). Recourse for non-debtor permitted. |
J5.14. Is the freeze and seize operation in your state centralized or automated? |
Centralized. Not completely automated. |
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile? |
Proper notice and appeal opportunity requirements must be met for lien/levy activity. Certain delinquent cases are excluded: Collection only, Intact family, Bankruptcy, PFA. |
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)? |
No |
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets. |
n/a
For Additional Information - No Link Provided |
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period? |
State IV-D agency
For Additional Information - No Link Provided |
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency? |
20 days after issuance of levy notice
For Additional Information - No Link Provided |
J6. Does your state withhold state funds or benefits? |
Yes |
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both? |
Worker's compensation, unemployment compensation - judicial and administrative procedures. |
J7. Describe any other administrative enforcement procedures your state may have. |
Wage withholdings to employers |
J8. Describe any other judicial enforcement procedures your state may have. |
Incarceration, lump sum payments and purge payments. |
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
N/A
For Additional Information - No Link Provided |
J10. Which of your state's enforcement remedies are available without judicial actions? |
None |
J11. Describe your state's procedures for registering and enforcing another state's order. |
Arrears required. Once received, a copy of the arrears and last out of state court order and the other states UIFSA legislation sent to State Attorneys office in a formal letter for signature. The signed packet (petition) would be sent to the Clerk of Court in the State of Delaware Family Court. Family Court will serve the non-custodial parent. If the non-custodial parent does not contest the registration, the registration will be confirmed in about 30 days. |
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order. |
None |
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
No |
J13.1. If yes, provide the statutory citation. |
For Additional Information - No Link Provided |
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
Yes; however, notice requirements under Delaware law must be met. |
J15. To which credit bureaus does your state report an obligor's child support information? |
Experian |
J16. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative |
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI. |
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc. |
None at this time. |
J19. What documentation does your state require to proceed with an AEI request? |
J20. What mandatory data elements does your state need to process AEI requests? |
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm |
J21. Which additional data elements would aid your state in processing AEI requests? |
J22. How many copies/sets of documents does your state require with an AEI request? |
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM? |
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states? |
Yes |
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required. |
J25. What is the procedure for obtaining a certified copy of a court order? |
Certified copies of court orders must be obtained through Family Court of the State of DE. |
J26. What is the procedure for obtaining a certified payment record? |
Certified payment records can be obtained through the IV-D agency via written or telephone request. |
J27. Is there a cost for requesting a certified copy of a court order or payment record? |
There is no fee for a certified payment record for a IV-D case. Family Court retains the right to charge at their discretion for a certified order. |
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption? |
DCSS policy reflects federal regs and DE Code. There are no policies that specifically address low income parents or hardship cases, although the Family Court can order DCSS to lift a suspension on a license. |
J29. What triggers a driver's license revocation? |
Automated system identifies cases that meet eligibility requirements (arrears threshold with no payments, or an active capias) and have a valid DE license. |
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license? |
Yes. |
J29.2 If yes, what is the amount? |
DE Code states that NCP must owe arrears of $1,000.00 or more, but DCSS is currently noticing cases in which arrears are $3,500.00 or more. |
J30. Under what conditions may a noncustodial party restore the driver's license? |
The NCP may satisfy the arrears obligation, make a lump sum payment via certified funds equal to 2 months child support obligation, or resolve the outstanding capias. |
J30.1 What is the process for restoring a driver's license? |
Contact DCSS to make payment or notify of capias status, then follow-up with licensing agency to reinstate license. |
J31. Does your state allow temporary or conditional driver's licenses? |
No |
J31.1 If yes, what are the conditions? |
N/A |
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement. |
N/A |
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
Yes |
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset? |
Yes |
J33.2 What is the dollar amount? |
$150.00 in arrears |
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match? |
No |
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
N/A |
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
No |
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset? |
N/A |
J36.2 What is the dollar amount? |
N/A |
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match? |
Yes |
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
Yes |
J38.2 What is the dollar amount? |
$500.00 in arrears |
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial? |
No |
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP? |
Only if credit is given via court order. |
K. Modification and Review/Adjustment
K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)? |
Every 2.5 years or less if there is proof that a substantial change in circumstances has occurred.
For Additional Information - No Link Provided |
K2. Briefly describe your state's modification procedure. |
The IV-D custodial parent muist provide in writing why he/she believes that there is a substantial change in circumstances that warrant a modification of the existing court order, or if the previous court order is over 2 years old. The Division of Child Support Services generates a modification petition to be signed by the State Attorney General's office. Once signed by the State Attorney's office, the petition would be submitted to the State of Delaware Family Court for process service of the parties and scheduling of a Family Court hearing. Non-IV-D parties and non-custodial parents must file directly with Family Court. The Family Court would determine whether a modification of the previous order is warranted. |
K3. What are your criteria for modification (for example, $50 or 20% from present order)? |
Generally, the Court will enter a modification upon agreement of the parties, or if there is is a more than 10% change in an obligation that is less than 2.5 years old. |
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
K4.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
K4.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
K4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes |
K4.6. There has been a substantial change in childcare expenses. |
Yes |
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
All are listed above. |
K5. Does your state have cost of living adjustments (COLAs) for orders? |
Yes |
K5.1. If yes, what index does your state use? |
Standard of Living Adjustment (SOLA) |
K6. How does your state credit SSA disability to current and past-due support? |
This is handled at the discretion of the Family Court via court order. |
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc. |
No |
K7.1. If yes, explain the circumstances? |
N/A |
K7.2. What is the statutory citation for your abatement law? |
N/A
For Additional Information - No Link Provided |
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Certified pay history, birth and paternity records.
For Additional Information - No Link Provided |
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Requests should be made to the Delaware Office of Vital Statistics. |
K8. What information does your state require to register an out-of-state order for enforcement/modification? |
Certified Copies of support orders, certified arrears statement, paternity records, NCP locate and employment verification. |
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support? |
The current support amount can be added as the arrears payment, as long as language indicating such is included in the support order. A Notice of Administrative Adjustment must also be filed with Family Court. |
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only? |
The current support amount can be added to the arrears payment, as long as language indicating such is included in the support order. A Notice of Administrative Adjustment must also be filed with Family Court. |
K10. What circumstances will cause your state to end child support before the normal duration? ** |
The child emancipates before the normal duration The child support order states that child support ceases before the normal duration |
L. Payments
L1. Does your state define a lump sum payment? |
No |
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.). |
N/A |
L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
L2. Does your state law require employers to report lump sum payments? |
No |
L2.1 If yes, give the statutory citation or rule. |
N/A
For Additional Information - No Link Provided |
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)? |
No |
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
N/A |
L4. How are employers instructed to report a pending lump sum? |
N/A |
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum? |
N/A |
L6. Does your state use the income-withholding order to attach the lump sum payment? |
Yes |
L7. Does your state use the lien/levy process to attach lump sum payments? |
No |
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments? |
N/A |
L8. What other documents does your state use to attach lump sum payments? |
Sequestration Order |
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit? |
No |
L9.1. If yes, what are those limits? |
N/A |
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment? |
N/A
For Additional Information - No Link Provided |
L9.3. If yes, what are those limits? |
N/A |
L9.4. If no, what percentage is the employer required to withhold? |
N/A |
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply? |
Yes |
L10.1 If yes, would the employer only withhold for that period's obligation? |
Yes |
L11. Does your state have a direct deposit program? |
Yes |
L11.1 If so, specify the vendor. |
PNC Bank |
L12. Does your state have a debit card program? |
Yes |
L12.1 If so, specify the vendor. |
U.S. Bank Reliacard |
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)? |
No |
L13.1 If so, are there fees involved? |
No |
L14. What are the fees associated with using the card? |
No customer fees on debit purchases Fees assessed for out-of-network ATM withdrawals, international transactions, or inactivity after 365 days |
L15. How does your state collect child support payments from an obligor? ** |
Payments must be made to a central location Payments may be made by income withholding Payments may be made by check, money order, or bank/credit card |
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? ** |
Payments may be made by check |
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? ** |
All payments are processed through a designated authority All payments are processed upon receipt |
L18. Does your state process electronic payments in international cases? ** |
No |
L18.1 If so, describe the process. ** |
N/A |
L19. What is your state's International Bank Account Number (IBAN)? ** |
N/A |
M. Insurance Match
N. Case Closure
N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15) |
Yes |
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case? |
Yes |
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17) |
Yes |
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18) |
Yes |