Delaware Child Support Enforcement Resource Center

Delaware Child Support Enforcement Resource Center

Even if the non-custodial parent lives outside the state of Delaware, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.

Delaware Support Enforcement Measures

If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Delaware child support law to collect regular and past-due payments.

  • Suspension of Delaware driver licenses as well as other licenses such as hunting and fishing licenses, occupational and professional licenses.
  • Intercepting State and Federal Tax Refunds
  • Requiring employers to deduct child support from noncustodial parents’ wages (Collecting support through income deduction)
  • Intercepting Delaware Lottery winnings
  • Withholding of Unemployment Compensation for child support purposes
  • Inclusion in a national database that includes all child support cases handled by State IV-D child support agencies
  • Placing liens against assets
  • Reporting the child support debt to credit reporting agencies, which can adversely affect the noncustodial parent’s credit rating
  • Denial of passports to any non-custodial parent who does not pay their child support

Who Can Enforce Court Ordered Child Support in Delaware?

The Delaware Division of Child Support Enforcement is the state-run child support enforcement office for Delaware. Delaware Health and Social Services is required by federal law to provide services through Division of Child Support Enforcement (DCSE) and is funded by the federal government and the State of Delaware.

DELAWARE DIVISION OF CHILD SUPPORT ENFORCEMENT CASELOAD STATISTICS1
Full Time Equiv. Staff 220
Total Caseload 55,877

1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005

Interest on Missed Child Support Payments

The State of Delaware makes no provisions for interest charges on missed payments, retroactive support, or adjudicated arrears.

Delaware’s Statute of Limitations on Back Child Support Payments (Arrears)

There is no statute of limitations in Delaware for child support arrears enforcement.

Delaware’s Statute of Limitations for Determination of Paternity

The statute of limitations in Delaware for establishment of paternity 18 or 19 if the child is in high school.

Age of Emancipation / Age of Majority in Delaware

The age of majority in Delaware is 18; or if the child is still in secondary school, then until graduation or age 19, whichever comes first. (13 Del. C sec 501 (a)(b)(c)(d) )

Support obligation may be extended past the age of majority if a child is disabled or has special needs, and if documentation is accepted by hearing official.

How Are Child Support Payment Amounts Determined in Delaware?

In Delaware the amount of support payments is determined by a formula called the Delaware Support Formula. It is currently being revised, but the Family Court of the State of Delaware has an online child support calculator to provide an estimate of support.

Custody and Visitation Issues

Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.

The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.