Delaware State Law
1. General Program-At-A-Glance
1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
Three. New Castle County, Kent County, Sussex County. |
2. What is the name of your IV-D agency? |
Division of Child Support Services (DCSS) |
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
Judicial. DCSS is under the jurisdiction/authority of the Delaware Family Court.
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4. Does your state use the following applications: EDE, CSENET, QUICK? |
CSENET and QUICK |
2. Duration Of Support
3. Statute Of Limitations
1. What is your state's statute of limitations for the collection of past-due support? |
The State of Delaware does not have a statute of limitations on collection of past due support.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
Any time until the child reaches the age of majority, which is 18.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
No.
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4. Support Details
5. Paternity/Parentage
6. Support Order Establishment
1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Judicial |
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
N/A
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
In all case processing circumstances.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
The custodial parent's income is considered when the custodial parent is a biological parent.
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2.1. What documentation is required as proof/evidence of this information? |
Custodial and noncustodial parent's current paystubs and/or W-2 information. |
3. 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.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes. 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.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Certification of mailing, filing date, and/or financial information from the parties.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
Yes. |
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Retroactive award of support prior to the date of filing is within the discretion of a judicial officer. The petitioner is responsible for providing adequate explanation of reason(s) for failure to file for support sooner.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No.
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5.1. What about when public assistance is not being expended? |
No. |
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Establishment
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7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
No.
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7. Income Withholding
1. What are specific sources of income not subject to withholding? |
Supplemental Social Security Benefits.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes. 13 Del C Chapter 5 § 513. Judgment; order of support; other terms. Section (b)(7).
The support and medical support attachment shall be subject to the limitations set forth in § 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b).
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
13 Del C Chapter 5 § 513. Judgment; order of support; other terms. Section (b)(7).
An attachment of unemployment compensation shall not exceed 50 percent of the weekly payment.
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2.2. What are the withholding limits for non-employees? |
N/A.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
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.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
No.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
Receipt of the income withholding order.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
7 days.
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6. When must an employer remit amounts withheld from an employee's pay? |
On or before the date the employee is paid.
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7. What are your state's sanctions for 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.
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7.1. What are the penalties to an employer for failure to remit payments withheld? |
Not more than $1000.00 for a first offense or imprisoned not more than 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.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
No.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
The UIFSA procedure for enforcement would need to be followed.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
No.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
Delaware does not have the resources to assist other states. |
10. How does a noncustodial parent contest an income withholding in your state? |
In writing, to the Administrative Hearing Unit / Officer.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
Per Federal Distribution (Pro-rated based on percentage). |
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Union dues, medical insurance premiums, taxes, pension plans up to 3%.
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13. When does your state require the employer to send notice of an employee's termination? |
Upon termination.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
Per Federal Distribution (Current support, client arrears, state arrears). Section 457 of the SSA Act.
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8. Distribution
1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
Yes. The first $50 of support that is collected by DCSS each month will be returned to the TANF recipient. These payments will be sent to the recipient the month following the month the support is collected. All remaining support payments will be retained by the State while the TANF case is active. |
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
Yes. A second interface between IV-D and IV-A occurs monthly - this second interface indicates when the child support/pass-through checks were issued and also provides the basis for the TANF child support supplemental check computations. This information is matched with the related Food Stamp case to re-calculate Food Stamp benefits for the following month. |
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
State arrears (PRWORA distribution). |
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
DE is paid first. |
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
Federal regulations do not address the distribution of collection when there are multiple support orders with arrearages. The initiating State is responsible for distribution in accordance with Section 457 of the SSA Act. Delaware distributes based on PWORA guidelines.
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9. Enforcement
10. Modification And Review/Adjustment
1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every 2.5 years or less if there is proof that a substantial change in circumstances has occurred.
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2. What is your state's modification procedure? Briefly describe. |
The IV-D custodial parent must sign a Review Authorization letter and provide in writing why he/she believes that there is a substantial change in circumstances that warrant a modification of the existing court order when requesting a modification on an order that is less than 2.5 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.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
The current obligation is more then 2.5 years old, or a change in circumstances that affects the last calculated obligation by at least 10%.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
Yes. |
4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes. |
4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
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4.4. The cost of living has changed. |
No. |
4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes. |
4.6. There has been a substantial change in childcare expenses. |
Yes. |
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Incarceration of the non-custodial parent.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
There is a COLA adjustment/allotment in the child support calculation, but COLA's do not result in modifications. |
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Yes. In this circumstance an automatic administrative adjustment is completed to reduce the obligation to a super minimum order.
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11. Lump Sum Payments
1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
A lump sum is a complete payment consisting of a single amount of money payment - an amount of money paid at once or a claim discharged. Delaware Code, Title 13, Section 513 (5) (a) (b) and Chapter 22, Section 2205, Section 2215 (7).
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
Yes. Delaware Code, Title 13, Section 513 (5) (a) (b) and Chapter 22, Section 2205, Section 2215 (7).
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
Yes, lump sum IWOs are utilized. |
12. Cost Recovery And Fees
1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
Yes. A $25.00 application fee is charged for a non-IV-D child support applicant. A $35.00 Deficit Reduction Act (DRA) fee is charged in the case where an individual never received assistance under a State program and where at least $550.00 in child support was collected for child support services provided by the State. Lastly, a $25.00 tax offset fee is collected where the State requests that the Secretary of the Treasury withholds past-due child support from a non-custodial parent's tax refund. Genetic Testing costs are recovered by the putative father if paternity is established. |
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
The $25.00 application fee is collected from the custodial parent. The $35.00 DRA fee is also collected from the custodial parent once the non-custodial parent pays at least $550.00. And the $25.00 tax offset fee is also collected from the custodial parent. Genetic Testing costs are recovered by the putative father if paternity is established. |
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
No. (Del Code Ann., tit., 13, 632) |
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
Yes. |
3.1. Is it retained by the state from support collected? |
Yes. |
3.2. Is it paid by the individual applying for child support services? |
Yes. |
3.3. Is it recovered from the noncustodial parent? |
No. |
3.4. Is it paid by the state out of its state funds? |
No. |
13. Insurance Match
1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
Yes, see Delaware Code, § 2215. Child support liens.
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2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
Arrears balance must be $500.00 or more. |
3. What process does your state use to intercept insurance payments? |
Lien and Levy Process.
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4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
The other state agency can send an IWO and Notice of Child Support Lien directly to the Insurance/Workers Compensation Company.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
Yes. |
14. Family Violence
15. CSENet
1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
Yes. |
2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
Yes. |
3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).) |
Yes. |
4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).) |
Yes. |
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
State's interest or case status, yes. Interest charged on arrears, no. |
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
State's interest or case status, yes. Interest charged on arrears, no. |
16. Copies Of Orders And Payment Records
1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
Certified orders associated with open cases can be requested by a IV-D agency via transmittal to DE. For the purpose of intergovernmental case processing and registration, this is free of charge to the requesting IV-D agency. The DE representative will request the certified orders from the DE Family Court records department.
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2. What are the procedures and associated costs for obtaining a certified payment record? |
Certified account statements can be requested by a IV-D agency via transmittal to DE. For the purpose of intergovernmental case processing and registration, this is free of charge to the requesting IV-D agency. This request is processed through the DE DCSS accounting unit.
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17. Uniform Interstate Family Support Act (UIFSA)
18. International - Reciprocity
1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
None. |
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
No, Delaware only enforces spousal support orders if there is also a child support order. |
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
Yes. |
19. International Information For Hague Convention Countries
1. 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, Delaware is one of 8 states that require the complete text of the support order .
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
Yes, documents are sent and received electronically for informational and communication purposes only. Documents received for the purpose of judicial action must be in hard copy form. |
3. What methods of personal service does your state use? |
Delaware utilizes a process server for the initial Petition for Child Support. For subsequent petitions (contempt/modification), DE utilizes the "address of record" and the USPS for mailing of the notice of subsequent court dates. |
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
Childcare expenses; Cash medical support; health insurance premiums; Union dues; pension plans up to 3%; taxes.
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
Yes, Delaware encourages amicable solutions between parents via mediation. |
6. What circumstances will cause your state to end child support before the normal duration? |
Delaware does not have an emancipation of minors' law. Emancipation of minors is decided on a case-by-case basis. The court may grant a minor's request for emancipation in very rare instances, despite DE not having a formal procedure for the emancipation of minors. If the child is no longer in the custodial parent's care and there is no decision on re-directing payments to someone else, or the child is adopted by someone other than the non-custodial parent, the state could end child support before the normal duration. Also, if the child is in DFS custody and no longer in the custodial parent's custody the child support could end before the normal duration.
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20. International Payments
1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
Payments can be made by electronic funds transfer or via check, as designated by the initiating country. |
2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
All payments are processed upon receipt through the designated authority. |
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
For questions or assistance with electronic payments, contact DHSS(insert underscore)DCSS(insert underscore)EFT@delaware.gov |
21. Tribal Non IV-D
1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
No. |
1.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A.
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
N/A. |