Federal law requires all states to have guidelines for establishing and modifying child support obligations. The Delaware child support guidelines are referred to as the "Delaware Child Support Formula." This formula provides a rebuttable presumption for calculating child support obligations within Delaware.
In other words, the court will issue child support awards in accordance with these guidelines unless applying the guidelines would be unjust or inappropriate. If the court finds that applying the guidelines wouldn't be in the best interests of the child(ren) in a given case, then they will deviate from the guidelines.
Delaware's child support formula is based on the following three principles:
How Basic Child Support Obligations Are Calculated
In Delaware, child support is calculated based primarily on a parent's net available income. A parent's net available income is determined by taking the parent's monthly gross income and subtracting taxes, other allowable deductions, and a self support allowance.
What if a parent is unemployed or underemployed? If a parent is unemployed, underemployed, or fails to provide adequate documentation of their wages, the court may attribute income to them. In order to figure out how much income will be attributed to the parent, the court examines earnings history, employment qualifications, and the current job market.
Child Support Enforcement in Delaware
The Division of Child Support Enforcement (DCSE) provides information and assistance regarding applying for child support and enforcement measurers in Delaware. The DCSE has authority to enforce child support payments in a variety of ways including:
State laws change frequently. For case specific information regarding Delaware's child support guidelines contact a local family law attorney.
Contact a qualified attorney.