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. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

CSENET and QUICK

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

18 years of age and out of high school or 19, whichever occurs first. 13 Del. C sec 501 (a)(b)(c)(d) For Additional Information - http://delcode.delaware.gov/title13/c005/sc01/index.shtml

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

When the child (or youngest child if there are multiple children on the case) is 18 and no longer in high school. For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No. For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

No. For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

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. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. No. A modification petition would need to be filed at the Family Court by the non-custodial parent.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

No.

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

No. For Additional Information - No Link Provided

4. Support Details

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

Melson Formula For Additional Information - https://courts.delaware.gov/family/supportcalculator/Disclaimer.aspx

2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

No. For Additional Information - No Link Provided

3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

No. For Additional Information - No Link Provided

4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

No. For Additional Information - No Link Provided

5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

Yes. Unreimbursed medical costs are split between the bio-logical parents based on a 50 / 50 split unless agreed upon and ordered otherwise. 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/Dr. Office, 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. Per the 2018 DE Family Court Quadrennial Review, uninsured medical expenses are medical expenses not covered by insurance, including co-pays, deductibles, prescriptions, and any other medical, dental, and/or vision cost incurred as a result of medically necessary treatments or procedures. Every order includes a general finding that the parties are required to share unreimbursed medical, dental and psychological counseling expenses.

6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

Upon confirmation of a change in custody, Delaware will either close the existing case or file to stop current support from charging on it; Delaware will enforce the collection of arrears only on the existing case. Upon receipt of a new application for child support services from the current custodian (including, when necessary, the child(ren)'s birth certificate(s), social security card(s), any court orders, Voluntary Acknowledgement of Paternity (if possible), health insurance card(s), and a photo identification), a new Title IV-D case, with the custodian as payee, will be opened and a new order established. For Additional Information - No Link Provided

6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.

Federal Law (42 USC 608 (a)(3)) requires DCSS to take legal steps necessary to establish an order for medical support in cases where a child is receiving Medicaid, including establishing paternity, when necessary. Custodial parents receiving Medicaid-only, for their children, are not required to assign their support rights to the State of Delaware. When a custodial parent receives TANF, he/she is required to assign to the State of Delaware any right to support that is due to any member of the assistance group, not exceeding the total amount of assistance paid to the family, which accrues during the period that the family receives assistance under the program, including the right to collect both current child support and past due child support obligations. The custodial parent receiving TANF, must cooperate with DCSS, who is tasked with obtaining a monetary order from the non-custodial parent. For Additional Information - No Link Provided

7. 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?

No. For Additional Information - No Link Provided

8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?

Yes. When a parent receives SSI SS Retirement, Survivors, or Disability Insurance (RSDI), they shall not be attributed income or assessed a child support obligation unless a parent has income or earning capacity independent of their SSI entitlement. For Additional Information - No Link Provided

9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

No. For Additional Information - No Link Provided

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No. For Additional Information - No Link Provided

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

99.99% For Additional Information - No Link Provided

3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

13 Del. C sec 8-301 - 8-314 For Additional Information - No Link Provided

4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Yes. 13 Del. C sec 8-204 - A man is presumed to be the father of the child if he and the mother are married to each other, and the child was born of that marriage. For Additional Information - No Link Provided

5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

No. If the parents were not 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

6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

Yes. 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.

7. What, if any, is the agency name and link for your state's putative fathers' registry?

The Delaware Putative Father's registry is protected confidential information. It is handled by the Delaware Office of Vital Statistics located at Jesse S. Cooper Building 417 Federal St. Dover, DE 19901. A specialist is available regarding forms and general questions at (302) 744-4549. See 13 Del C section 8-402. Registration for notification. For Additional Information - https://www.dhss.delaware.gov/dhss/dph/hp/faq_vs.html

8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

DE DCSS can provide any/all supporting documentation regarding paternity establishment that the DE IV-D agency is in possession of and can be provided at no cost to the requesting IV-D agency. For Additional Information - No Link Provided

9. Does your state�s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

Yes. $25.00 per copy. For Additional Information - https://dhss.delaware.gov/dhss/dph/ss/vitalstats.html

9.1. Describe any circumstances under which these fees may be waived?

N/A For Additional Information - No Link Provided

10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

No.

11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

N/A.

12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

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

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 For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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 For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

Supplemental Social Security Benefits. For Additional Information - No Link Provided

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). For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

2.2. What are the withholding limits for non-employees?

N/A. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

6. When must an employer remit amounts withheld from an employee's pay?

On or before the date the employee is paid. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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%. For Additional Information - No Link Provided

13. When does your state require the employer to send notice of an employee's termination?

Upon termination. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

None.

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

Not Applicable.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

For open in state and responding intergovernmental cases the threshold criteria is when arrears are greater than $1,000.00. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

Experian and Innovis.

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative.

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

The Delaware Child Support System submits updates to the credit reporting agencies when the arrears are reduced to zero or the case is closed.

7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes. Arrears equal to or greater than $150.00 for Tanf/Foster Care and $500.00 Non-Tanf including Child Support, Medical Support, and Spousal Support.

9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?

Yes, the minimum required past-due amount is $500.00.

10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?

No.

11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?

Yes. Arrears are equal to or greater than $1,000 and no voluntary payment made in the last 60 calendar days -OR- if an arrears only case, arrears are less than $1,000 and no voluntary payments made in the last 12 months.

12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?

No.

13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?

No.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Administrative.

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

Yes. Trust Accounts, Representative Payee Accounts, UGMA (Uniform Gift to Minor Accounts), and Escrow Accounts. For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

Centralized and manually processed.

17. What are the criteria to attach an account in a financial institution in your state?

Open IV-D case and arrears are equal to or greater than $1,000 and no voluntary payment made in the last 60 calendar days -OR- if an arrears only case, arrears are less than $1,000 and no voluntary payments made in the last 12 months.

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

Financial institutions who do business in more than one state, have the option to match with each state individually or to perform data matching with OCSE. 13 Del C Chapter 5 � 2212. Financial institution data matches. For Additional Information - https://delcode.delaware.gov/title13/c022/index.html

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

Not Applicable.

20. Does your state's income withholding definition include amounts in financial institutions?

No. Financial Institutions holding accounts do not meet the IWO definition of a "payer." For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

Yes. The State sends the notice of intent to the Non-Custodial Parent. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

20 Days. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

Yes, the Administrative Procedures Act. For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

The total arrears balance is eligible for attachment. The earnings of joint account holder's deposits are taken into consideration. For Additional Information - No Link Provided

25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?

The NCP and/or Joint Account Holder can request an Administrative Review/Administrative Hearing to contest the financial institution attachment. For Additional Information - No Link Provided

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

No. For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

Arrears are equal to or greater than $3,500 and no payment has been made in the last 30 calendar days -OR- there is a valid capias for the non-custodial parent. For Additional Information - No Link Provided

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

The non-custodial parent must pay a lump sum payment equal to two months of child support on all eligible cases including current support and arrears payment obligations and sign a payment plan.

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

No.

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

Arrears are equal to or greater than $3,500 and no payment has been made in the last 30 calendar days -OR- there is a valid capias for the non-custodial parent.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

The non-custodial parent must pay a lump sum payment equal to two months of child support on all eligible cases including current support and arrears payment obligations and sign a payment plan.

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

No.

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

Arrears are equal to or greater than $3,500 and no payment has been made in the last 30 calendar days -OR- there is a valid capias for the non-custodial parent.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

The non-custodial parent must pay a lump sum payment equal to two months of child support on all eligible cases including current support and arrears payment obligations and sign a payment plan.

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

No. For Additional Information - No Link Provided

36. What are the criteria for initiating/filing a lien in your state?

Past due amounts become a lien by operation of law. For Additional Information - No Link Provided

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

Administrative.

38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.

No. For Additional Information - No Link Provided

39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

Yes. Administrative.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

Yes.

40.1. If yes, is this enforcement judicial, administrative, or both?

Administrative.

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

N/A.

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

N/A.

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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%. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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). For Additional Information - No Link Provided

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). For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Delaware Code, Title 13, Chapter 6 For Additional Information - http://delcode.delaware.gov/title13/c006/sc01/index.shtml

2. How does your state define the tribunal (See UIFSA 103)?

"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. 6-103. State tribunal and support enforcement agency. (a) The Family Court of the State of Delaware is the tribunal of this State. (b) The Division of Child Support Services is the support enforcement agency of this State. For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

Three total copies are required: 1 original and 2 copies.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

No.

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 . For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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.