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?

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?

A2.3. If yes, please explain.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?

Delaware Code, Title 13, Chapter 6
For Additional Information -

http://delcode.delaware.gov/title13/c006/sc01/index.shtml

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?

One original and two copies.

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?

C1.2. If yes, please explain.

N/A

C2. Has your state established reciprocity with any Native American tribal courts?

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?

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).) **

D. Age of Majority

D1. What is the age of majority in your state?

D2. What is the statutory citation for the age of majority?

13 Del. C sec 501 (a)(b)(c)(d)
For Additional Information -

http://delcode.delaware.gov/title13/c005/sc01/index.shtml

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

18 and the child is no longer in high school.

D4. Does the date of the order determine the law that is applied?

D4.1. If yes, please explain.

N/A

D5. Does child support end if the child leaves the household, but does not emancipate?

D5.1. Optional comments regarding emancipation.

D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?

D6.1. If yes, please explain.

N/A

D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?

D7.1. If yes, please describe the procedure.

N/A

D8. Does your state accept a application from a party after all of the children on the case have emancipated?

Yes, if there are established arrears and an arrears payment on the case.

D8.1 If not, how does this affect interstate referrals?

N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?

The State of Delaware does not have a statute of limitations on collection of past due support.
For Additional Information - No Link Provided

E2. What is your State's statute of limitations for paternity establishment?

Child is 18 years old.
For Additional Information -

http://delcode.delaware.gov/title13/c005/sc01/index.shtml

E3. Is dormancy revival/renewal possible?

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

N/A
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?

Melson Formula
For Additional Information - No Link Provided

F2. Does your state charge interest on arrears?

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A
For Additional Information - No Link Provided

F3. Does your state charge interest on retroactive support?

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A

F4. Does your state charge interest on adjudicated arrears?

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A
For Additional Information - No Link Provided

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?

Yes

F5.1. If yes, under what circumstances?

If a court order requires the non-custodial parent to pay a percentage of un-reimbursed medical expenses, the child support office will enforce that portion under the following circumstances. 1) The non-custodial parent has been informed of the medical debt. 2) The non-custodial parent has been given an opportunity to pay the bill or make arrangements with the custodial parent. 3) If both 1 and 2 have been completed and the non-custodial parent has failed to pay back the debt, the custodial parent can request enforcement by completing the designated medical forms at the IV-D agency. The medical forms ask for information with regards to ER/Hospital, date of treatment, cost of treatment, amount covered by insurance, balance due, percentage of amount to be split between the custodial and non-custodial parent. The IV-D agency would then file a contempt petition on the custodial parent's behalf for un-reimbursed medical debt.

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?

Yes

F6.1. If yes, what costs are recovered from or fees charged to the obligee?

Application fee of $25 in cases in which the custodial parent has never recieved a state issued benefit

F6.2. If yes, what costs are recovered from or fees charged to the obligor?

Genetic testing fees, if applicable.

F7. Does your state recover costs on behalf of the initiating state?

F7.1. Optional comments regarding recovery of initiating state's fees.

N/A

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?

13 Del. C sec 6-201
For Additional Information -

http://delcode.delaware.gov/title13/c006/sc02/index.shtml

F9. Does your state establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

Will enforce spousal support only if there is a corresponding current support order for child support.

F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)

F10.1. Optional comments regarding required information on spouse or partner.

N/A

F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?

After $500 in collections, the $25 fee is retained from the next payment to custodial parent.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $550?

Yes

F11.2 Does your state collect the fee from the person applying for IV-D services?

F11.3. Does your state collect the fee from the absent parent?

F11.4. Does your state pay the fee out of its own funds?

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?

October 1, 2009

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?

Yes - Disregard amount is up to $50 per month.

F14. Does your state participate in the pass-through in former assistance cases?

F14.1. If yes, provide the date.

F15. Will your state discontinue eligible assignments under the DRA of 2005?

F15.1. If yes, list the eligible assignments your state would discontinue.

F15.2. When will your state discontinue each type of assignment?

N/A

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?

PRWORA

F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

A new support petition must be filed on behalf of the new payee via the Family Court.
For Additional Information - No Link Provided

F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?

A petition to establish a child support petition must be filed with the Family Court.
For Additional Information - No Link Provided

F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

A petition to establish a child support petition must be filed with the Family Court.
For Additional Information - No Link Provided

F17.3. How does your state collect the $35.00 annual fee on never-TANF cases?

After $500 in collections, the $35 fee is retained from the next payment to custodial parent.

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases?

Yes

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).

Genetic Testing Fees DRA Fees

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)

Yes

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes

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?

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. The fee can be charged per employee, per pay period, per case. The fee cannot be charged to the custodial parent or impact the total amount to be sent to DCSS.
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?

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?

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?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?

H1.1. If yes, please explain.

N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

99% or above
For Additional Information - No Link Provided

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

For Additional Information - No Link Provided

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?

07/01/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?

Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

For Additional Information - No Link Provided

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

By the person filing the appropriate documentation in the Family Court.
For Additional Information - No Link Provided

H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?

H6.1. If no, briefly explain.

If the parents were married at the time of the child's birth, there is no provision in Delaware law that allows the father's name on the birth certificate to be a conclusive determination of paternity. The presumption is rebuttable and subject to challenge. Paternity is legally established in DE only through a valid Voluntary Acknowledgement of Paternity or adjudication via court order.
For Additional Information - No Link Provided

H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?

N/A

H8. Does your state have any other paternity-related presumptions?

Yes

H8.1. If yes, briefly explain.

See 13 Del C section 8-204(a) for presumptions of paternity. A presumption of paternity may only be rebutted by an adjudication by the Family Court.

H9. Does your state have a putative fathers' registry?

H9.1. If yes, what is the name of that entity?

For Additional Information - No Link Provided

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?

H10.1. If yes, please describe any circumstances under which these fees may be waived.

N/A
For Additional Information - No Link Provided

H11. Is common-law marriage recognized in your state?

H11.1. If yes, briefly describe the standard that defines common-law marriage.

H11.2. When did your current common-law standard go into effect?

H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

For Additional Information - No Link Provided

H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?

The Custodial Parent must submit a signed and notarized "Affidavit of Paternity" to the Family Court via the IV-D agency.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

Delaware Code Title 13 Chapter 6-201
For Additional Information -

http://delcode.delaware.gov/title13/c006/sc02/index.shtml

H14. Does your state recover genetic testing costs for another state?

Yes

H14.1. If yes, please explain.

Genetic testing costs are recovered if included in the ordered obligation.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?

Valid Acknowledgement of Paternity or Court Order.

H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

One UIFSA packet can be sent which includes documentation of paternity for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Judicial Process

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?

N/A

I1.2. Under what circumstances would a judicial process would be used?

In all circumstances.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

N/A
For Additional Information - No Link Provided

I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?

The custodial parent's income is also considered.
For Additional Information - No Link Provided

I3. What criteria for rebutting your presumptive guidelines have been established in your state?

In some situations, the individual can file with the Family Court if they disagree with a support order.
For Additional Information - No Link Provided

I4. Will your state establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

No more than two years, or retroactive from the date the document (petition) was filed with the Family Court, or child's date of birth.

I4.2. What information or documentation does your State require to proceed?

Certification of mailing, filings date, financial information from the parties.
For Additional Information - No Link Provided

I4.3. Will your state allow a petition for support when the only issue is retroactive support?

I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

Retroactive award of support prior to date of filing is within discretion of judicial officer. Petitioner is responsible for providing adequate explanation of reason(s) for failure to file for support sooner.

I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?

The Voluntary Acknowledgement of Paternity allows paternity to be established via agreement of the parents. DCSS can also order administrative genetic testing with the agreement of both parties. Administrative enforcement tools include: IWO, state and federal tax offset, passport denial, license suspension, FIDM, CSLN.
For Additional Information -

http://delcode.delaware.gov/title13/c022/index.shtml

I6. What is your state's statutory authority for the administrative process?

13 Del C. sec. 2205
For Additional Information -

http://delcode.delaware.gov/title13/c022/index.shtml

I7. Is there a local state law that allows an interstate administrative subpoena?

No
For Additional Information - No Link Provided

I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?

No
For Additional Information - No Link Provided

I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?

I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?

Establishment

I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?

I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?

I14. What methods of personal service does your state use? **

Forward documents needing to be served to the sheriff or other public official Forward documents needing to be served to a private contractor

I15. Does your state send and receive pleadings and documents electronically in international cases? **

I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **

N/A

I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **

Child-care expenses

I17. Please provide the relevant statutory or case law citation. **

Family Court Rule 502 & 503
For Additional Information - No Link Provided

I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **

Yes

I18.1 If yes, indicate the appropriate responses. **

The use of mediation, conciliation, or similar processes is mandatory in every child support case

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?

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?

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)?

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)?

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?

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?

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?

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?

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.

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.

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?

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?

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)?

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?

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?

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.)?

L13.1 If so, are there fees involved?

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, 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? **

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

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information -

http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information -

http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?

Yes

M2.1. If yes, provide the statutory citation

13 Del C 2215A Delaware insurers must report personal injury and workers compensation claims to a data collection organization that cooperates with DCSS.
For Additional Information - No Link Provided

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

Claim data including claimant's name, address if known, claimant's date of birth, social security number or other taxpayer ID number
For Additional Information - No Link Provided

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?

Upon notice of a claim

M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?

Personal Injury or Worker's Compensation Claims

M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?

Cases with arrears of $500 or more are eligible for the insurance match program. Once the lien is perfected, the lien remains in effect if the arrears fall below $500 but stay above zero.

M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?

Receipt of Notice of Child Support Lien from DCSS.

M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?

CSLN,OCSE Insurance Match Pogram

M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.

13 Del C 2215A Insurer is liable up to the amount that would have been due if the lien had been issued and perfected
For Additional Information - No Link Provided

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?

Yes

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?

Insurers are required to respond to Notices of Child Support Lien/Levy and IWOs.

M3.1. Provide the statutory citation.

13 Del C sec. 2205(c)
For Additional Information -

http://delcode.delaware.gov/title13/c022/index.shtml

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?

Notices of Lien/Levy

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?

IV-D agency

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.

13 Del C sec 2215(g)(3) and (4)
For Additional Information -

http://delcode.delaware.gov/title13/c022/index.shtml

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.

29 Del C sec. 10122
For Additional Information -

http://delcode.delaware.gov/title29/c101/sc03/index.shtml

M6. Are there attorney fees associated with the insurance intercept activity?

N/A

M7. How does another state initiate and intercept collections from your state workers' compensation agency?

File IWO for worker's compensation claims directly with the Delaware Division of Industrial Affairs (DIA).

M7.1. What is the process, the points of contact, and what forms?

N/A

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