Child Support in Delaware
Child support is the payment made by the non-custodial parent to the custodial parent to help pay to raise a child. To being child support in Delaware, all you have to do is fill out an application. This can be done by visiting the local office of the Division of Child Support Enforcement (DCSE) or by visiting their web page. If there is not an established child support order created when you were divorced, the DCSE will ask the Family Court to set one up.
How long it takes to get a court date to set up the support order is dependent upon several factors. If both parents reside in Delaware, the order will be set up much quicker, but it may still take up to three months or longer. Also, the non-custodial parent must be located and paternity must be proved, if they contest it. If the non-custodial parent does not live in Delaware, it may take up to a year to get an order because they case has to be sent to the state where the parent resides.
If the whereabouts of the non-custodial is unknown, the DCSE can help locate him or her. Any pertinent information such as full name, address, social security number, date of birth, banking information, and place of employment that you can provide about the non-custodial parent will be helpful. DCSE has access to many databases such as Motor Vehicles and the Social Security Administration that can assist in finding him or her. If the missing parent still resides in Delaware, it normally takes between 30 and 45 days to locate them. If they are living outside Delaware, it may take six months or longer to locate the parent.
Once you have filled out the application, bring it along with your identification, a copy of the child support order (if there is one), and a copy of the child’s birth certificate to the local DCSE office.
The amount paid each month is calculated by using the Delaware Support formula. This formula uses the financial status of both parents, the custodial situation, and the financial needs of the child to establish a monthly payment amount.
The DCSE is responsible for both collecting and dispersing child support payments. The non-custodial parent may send a check, money order, or have electronic fund transfer or wage attachment set up. Custodial parents will be sent a check two business days after DCSE receives the funds.
After 2 1/2 years, the court will accept a petition to review the child support order for modification. However, unless the calculation indicates a change of 10% either upward or downward, the court will not change the order. If, within that 2 1/2 year period, the financial or custodial circumstance of either parent shows a significant change, either may request a review.
If child support payments are not made, the DCSE can collect funds by such means as wage income deductions and liens against personal assets. They can also require driver and occupational licenses be suspended, tax refunds intercepted, withholding of unemployment compensation, and issue arrest warrants.