Delaware Child Support Laws

Child Support Laws in Delaware

Last verified: February 2026

Delaware uses the Melson Formula, a variation of the Income Shares Model, to calculate child support. This formula is unique to Delaware (and a few other states) and considers both parents’ incomes while ensuring each parent retains enough income for basic self-support. Under Delaware law, both parents must support their children until age 18, or 19 if the child is still in high school.

Table of Contents

Quick Summary: Delaware Child Support

  • Model Used: Melson Formula (a variation of Income Shares)
  • Governing Law: Family Court Civil Rule 52(c); Title 13, Chapter 5 of the Delaware Code
  • Support Ends: Age 18 (or 19 if still in high school)
  • Minimum Earning Capacity: Courts presume at least $1,603 monthly unless incarcerated or disabled
  • Modification Wait Period: 2.5 years unless substantial change occurs
  • Statute of Limitations: None for enforcement of arrears

Understanding the Melson Formula

The Melson Formula, named after Delaware Family Court Judge Elwood F. Melson Jr., is based on three fundamental principles:

  1. Children’s needs come first: A child’s basic needs must be met before either parent retains additional income beyond their own basic needs.
  2. Parents deserve self-support: Both custodial and noncustodial parents are entitled to keep a minimum amount of income for their own basic necessities.
  3. Children share in prosperity: When parents’ primary needs are met and additional income remains, children are entitled to share in that standard of living.

This approach differs from simple percentage-of-income models by building in a self-support reserve for parents while still prioritizing children’s needs.

How is Child Support Calculated in Delaware?

The Delaware Child Support Formula considers multiple factors:

  • All earnings and income of both parents
  • The number of children requiring support
  • Average annual overnights with each parent
  • Health insurance costs and pension contributions
  • Support obligations for other children
  • Childcare and private school expenses
  • Union dues and mandatory deductions

The Calculation Process

Child support actions in Delaware typically follow this process:

  1. The custodial parent files a petition for support with the Division of Child Support Services (DCSS) or directly with Family Court.
  2. The respondent must be served with the petition within 20 days.
  3. Both parties attend a mandatory mediation conference where a mediator uses the Delaware formula to calculate support and helps parents reach an agreement.
  4. If no agreement is reached, the case proceeds to a hearing before a Family Court Commissioner.
  5. Wage attachment is typically ordered to ensure consistent payments.

Use the official calculator: Delaware Courts Child Support Calculator

Imputed Income

If a parent is unemployed voluntarily, underemployed, or fails to provide adequate financial information, the court may impute income based on earning capacity. Delaware courts typically presume parents can earn at least $1,603 per month unless the parent is:

  • Incarcerated (for more than one year)
  • Medically disabled
  • Caring for a young child or disabled family member

The Department of Labor wage survey data helps courts estimate earning capability for underemployed parents.

Shared and Equal Placement

Delaware recognizes shared placement when a child spends at least 164 overnights per year with each parent. In shared placement situations, the formula adjusts to reflect reduced expenses for the lower-income parent when the child is with the higher-income parent.

Important: Failure to contribute to shared incidental expenses (clothing, school supplies, activities) may result in denial of shared placement status for child support calculation purposes.

Military Parents

For military members, certain allowances are excluded from income calculations:

  • Cost of living stipends for high-cost assignment locations
  • Clothing allowances
  • Combat zone pay (in some circumstances)

How to Modify Child Support in Delaware

Delaware law allows modification of child support orders under specific circumstances:

  • Time requirement: At least 2.5 years must pass since the order was issued, OR
  • Substantial change: A significant change in circumstances occurs (job loss, major income change, medical emergency)

To request modification:

  1. Contact DCSS or file a Petition for Modification with Family Court.
  2. Provide documentation of changed circumstances.
  3. Attend a mediation conference to attempt resolution.
  4. If mediation fails, a Commissioner will hold a hearing and decide.

Note: Incarceration alone is not grounds for automatic modification in Delaware. However, incarceration exceeding one year may be considered evidence of diminished earning capacity.

What Happens if You Do Not Pay Child Support in Delaware?

Delaware aggressively enforces child support obligations. Failure to pay for 4 consecutive months is a federal misdemeanor. Failure to pay for 8 months becomes a federal felony.

Enforcement Actions Include:

  • Wage garnishment: Income withholding directly from employer
  • License suspension: Driver’s, professional, business, and recreational licenses
  • Tax refund interception: State and federal refunds seized
  • Lottery winnings seizure: Withheld to pay arrears
  • Credit bureau reporting: Damages credit score and loan eligibility
  • Bank levy: Funds seized from bank accounts
  • Unemployment compensation withholding: Benefits garnished
  • Private collection agencies: May be assigned to pursue debt
  • Contempt of court: Can result in jail time

DCSS uses the State Directory of New Hires, financial institution data matching, and tax return information to locate delinquent parents.

When Does Child Support End in Delaware?

Child support in Delaware terminates when the child:

  • Turns 18 and has graduated high school, OR
  • Turns 19 (if still enrolled in high school), OR
  • Becomes emancipated, OR
  • Marries or joins the military

If a child is mentally or physically disabled and unable to support themselves, support may continue indefinitely based on court order.

Emancipation in Delaware

Delaware does not have a specific emancipation statute. Emancipation is determined on a case-by-case basis. To be considered emancipated, a minor typically must:

  • Be at least 16 years old
  • Live independently from parents
  • Be financially self-supporting
  • Demonstrate capability to manage their own affairs

Frequently Asked Questions

1. How do I apply for child support in Delaware?

Contact the Division of Child Support Services (DCSS). They provide services including locating absent parents, establishing paternity through genetic testing, obtaining court orders, and enforcing payments. DCSS contact numbers: New Castle County: 302-577-7171; Kent County: 302-739-8299; Sussex County: 302-856-5386. You can also apply online.

2. Is there interest charged on unpaid child support in Delaware?

Delaware law does not charge interest on retroactive support, missed payments, or adjudicated arrears. However, the full amount owed remains collectible with no statute of limitations.

3. Can I be denied visitation if I owe child support?

No. Delaware treats visitation and child support as separate legal issues. If you are denied court-ordered visitation, you must file a separate “rule to show cause” petition to enforce your visitation rights. You cannot stop paying support because of visitation disputes.

4. What payment methods are available for child support in Delaware?

Delaware offers multiple payment options: iPayOnline (electronic payment), check or money order, TouchPay kiosks, direct deposit, U.S. Bank ReliaCard, and wage garnishment. Most orders include automatic wage attachment for consistency.

5. What if I lost my job and cannot pay child support?

Contact DCSS or the court immediately to explain your situation. While you cannot stop your order without court approval, documenting your circumstances early can prevent arrears from accumulating and may support a modification request. Do not wait until you are significantly behind to seek help.

Child support matters can be complex. For questions about your specific case, consider consulting with a Delaware family law attorney. You can get a free case consultation from a lawyer here.

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