Home Page   Services   About Us   Testimonials Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Delaware State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered /State operated A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 3 Sites A3. With what types of agencies do you have cooperative agreements? Office of the Attorney General, Division of Motor Vehicles, Department of Labor, State of Delaware Family Court, and Division of Revenue. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes A4.1. If yes, what is the statutory citation? 29 Del C sections 2501, 2504, 2507 For Additional Information - http://delcode.delaware.gov/title29/c025/sc01/index.shtml A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No. A4.3. If yes, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 7/1/1995 B2. What is the effective date of your State's UIFSA? 7/1/1995   B3. What is the statutory citation for your State's Act? 13 Del. C Chapter 6 For Additional Information - http://delcode.delaware.gov/title13/c006/index.shtml B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 2001 B4.1. If your state has implemented the 2001 version, when was it implemented? July 1, 2006 B5. Optional comments regarding your State's UIFSA.   C. Reciprocity C1. With what foreign countries does your State reciprocate? Australia, Canada, Czech Republic, El Salvador, Finland, Hungary, Ireland, Israel, Netherlands, Norway, Poland, Portugal, Slovak Republic, Switzerland, United Kingdom C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. N/A D. Age of Majority D1. What is the age of majority in your State? 18 D2. What is the statutory citation for the age of majority? 13 Del. C sec 501 (a)(b)(c)(d) For Additional Information - http://delcode.delaware.gov/title13/c005/sc01/index.shtml D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 and the child is no longer in high school. D4. Does the date of the order impact what law is applied? No  D4.1. If yes, please explain. N/A D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? No D6.1. If yes, please explain. N/A D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure. N/A E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? The State of Delaware does not have a statute of limitations on collection of past due support. E2. What is your State's statute of limitations for paternity establishment? Child is 18 years old, or reaches 19 and is still in high school. For Additional Information - http://delcode.delaware.gov/title13/c005/sc01/index.shtml E3. Is dormancy revival/renewal possible? No   E3.1. Please explain the circumstances when possible, and the length of time possible. N/A F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Melson Formula For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? No F2.1. If yes, please indicate the amount of interest charged and any related conditions. N/A  F3. Does your State charge interest on retroactive support? No F3.1. If yes, please indicate the amount of interest charged and any related conditions. N/A F4. Does your State charge interest on adjudicated arrears? No F4.1. If yes, please indicate the amount of interest charged and any related conditions. N/A For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes  F5.1. If yes, under what circumstances? If a court order requires the non-custodial parent to pay a percentage of un-reimbursed medical expenses, 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, 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. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes   F6.1. If yes, what costs are recovered from/fees charged to the obligee? Application fee of $25 in cases in which the custodial parent has never recieved a state issued benefit F6.2. What costs are recovered from/fees charged to the obligor? Genetic testing fees, if applicable F7. Does your State recover costs on behalf of the initiating State? No   F7.1. Optional comments regarding recovering of initiating State's fees. N/A F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. 13 Del. C sec 6-201 For Additional Information - http://delcode.delaware.gov/title13/c006/sc02/index.shtml F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes  F9.1. If yes, under what circumstances? Will enforce spousal support only if there is a corresponding current support order for child support. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. N/A F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? After $500 in collections, the $25 fee is retained from the next payment to custodial parent. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? Yes F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No. F11.3. Does your State collect the fee from the absent parent? No. F11.4. Does your State pay the fee out of its own funds? No F12. When will your State implement the required DRA limited-assignment provision? Not yet determined F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? Not yet determined F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? Not yet determined F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? Not yet determined F15.1. If yes, list the eligible assignments your State would discontinue. F15.2. When will your State discontinue each type of assignment? Not yet determined F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? Not yet determined F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? A motion for change of payee is to be filed with the Family Court. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? A petition to establish a child support petition must be filed with the Family Court. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? A petition to establish a child support petition must be filed with the Family Court. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? After $500 in collections, the $25 fee is retained from the next payment to custodial parent. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Withholding Order (IWO) G2. What specific source of income is not subject to withholding? Supplemental Social Security Benefits For Additional Information - No Link Provided G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? N/A G4. What is the allowable fee per pay period for processing income withholding payments? Delaware Code allows employers to charge a "reasonable" fee - general rule is up to, but not to exceed $2.00 For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? 7 days G6. What is the date by which an employer must remit amounts withheld from an employee's pay? On or before the date the employee is paid. G7. What are your State's procedures for sanctioning 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. G8. What is the penalty to an employer for failure to remit payments withheld? Not more then $1000.00 for a first offense or imprisoned not more then 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. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. N/A G9.2. Optional comments regarding direct withholding of UI benefits across state lines. Send income withholding notice accompanied by a UIFSA transmittal #1 to the IV-D agency. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. N/A G11. How does an obligor contest income withholding in your State? In writing, to the Administrative Hearing Officer. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Child support attachment has priority over any other attachment, except for federal tax liens, regardless of whether such other attachment was perfected prior to the support attachment. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. N/A For Additional Information - No Link Provided G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Yes: union dues, medical insurance premiums, taxes, pension plans up to 3% G14. When does your state require the employer to send notice of an employee's termination? Upon termination For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? N/A G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Employer For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Child support, arrears, medical support For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. N/A H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 99% or above For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 7/1/1997 H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? By the person filing the appropriate documentation in the Family Court. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If no, briefly explain. If the parents were 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. For Additional Information - No Link Provided H7. Does your State have any other paternity-related presumptions? Yes   H7.1. If yes, briefly explain. Presumed father includes a man who is not married to the mother, but resided with the child for two years after birth. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? No   H8.1. If yes, what is the name of that entity? N/A H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. None H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. N/A For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? N/A H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Depending on the particular reason for the request, the Family Court may grant a request for a teleconference. In reciprocal cases, the State of Delaware does except under a notarized signature written documentation. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. 13 Del. C sec 6-201 For Additional Information - http://delcode.delaware.gov/title13/c006/sc02/index.shtml H13. Does your State recover genetic testing costs for other States? Yes   H13.1. If so, please explain. Genetic testing costs are recovered if included in the ordered obligation. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Office of Vital Statistics will add a father's name to the child's birth certificate if the parents are married, if there is a signed acknowledgement of paternity, or if directed by court order. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One UIFSA packet can be sent which includes documentation of paternity for each child. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Judicial Process I1.1. If your State can establish under both, under what circumstances would the administrative process be used? N/A I1.2. Under what circumstances would the judicial process be used? N/A I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. N/A For Additional Information - No Link Provided I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The custodial parent and non-custodial parent. For Additional Information - No Link Provided I3. What criteria for rebutting your presumptive guidelines have been established in your State? In some situations, the individual can file with the State of Delaware Family Court if they disagree with a Family Court Order. For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? No more then two years, or retroactive from the date the document (petition) was filed with the Family Court, or child's date of birth. I4.2. What information or documentation does your State require to proceed? Certification of mailing, filings date, financial information from the parties. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. Retroactive award of support prior to date of filing is within discretion of judicial officer. Petitioner is responsible for providing adequate explanation of reason(s) for failure to file for support sooner. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Administrative enforcement tools include: IWO, state and federal tax offset, passport denial, license suspension, FIDM, CSLN For Additional Information - http://delcode.delaware.gov/title13/c022/index.shtml I6. What is your State's statutory authority for the administrative process? 13 Del C. sec. 2205 For Additional Information - http://delcode.delaware.gov/title13/c022/index.shtml I7. Is there a local State law that allows an interstate administrative subpoena? No For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? Establishment J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative procedures J2. Is the lien process in your State judicial, administrative or both? Both J2.1. What are the trigger criteria for filing a lien? Varies - IV-D Case For Additional Information - No Link Provided J2.2. Where are your State liens filed? RP:Register of Wills, or Prothonotary RP:Register of Wills, or Clerk of Court, or Prothonotary, or Attorneys' of Record, or Sec. of Industrial Accident Board. J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If yes, please indicate the amount. Amount varies J.3. Does your State enforce property seizure and sale? No J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? NCP is sent notification 3 days after Notice of Lien is sent to financial institution. J4.2. Does your State's income withholding definition includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or financial institution? State J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? N/A J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? $1,000 minimum arrears AND 60 days no voluntary pay. FIDM levy seizure, tax intercept, lottery intercept and administrative offset not considered voluntary pay. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? $1,000.00 For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? Yes J5.3. 1. If yes, please provide the time frame. 60 days J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. N.A J5.4.2. Is the percentage different for joint accounts? Yes J5.4.3. If yes, please define. Dependent upon proof and attribution of funds deposited into account. J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No. J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? N/A J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? 20 days, in writing to Administrative Hearing Coordinator For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? N/A J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? NCP incorrectly identified as delinquent obligor, no child support payment is past-due, incorrect arrears amount, filing of bankruptcy, or not a IV-D case. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Administrative with appeal to Judicial J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? Judicial J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? Within 20 days from date of notice, account holders must file a request in writing. Only three issues can be raised (obligor is not the person, arrears are incorrect, child support payments were made in last 60 days). Recourse for non-debtor permitted. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized. Not completely automated. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? Proper notice and appeal opportunity requirements must be met for lien/levy activity. Certain delinquent cases are excluded: Collection only, Intact family, Bankruptcy, PFA. J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? N/A   J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. n/a For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? State IV-D agency For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? 20 days after issuance of levy notice For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Worker's compensation, unemployment compensation - judicial and administrative procedures. J7. Please describe any other administrative enforcement procedures your State may have. Wage withholdings to employers J8. Please describe any other judicial enforcement procedures your State may have. Incarceration, lump sum payments, wage withholdings to employers. J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? N/A For Additional Information - No Link Provided J10. Which of our State's enforcement remedies are available without registration? None J11. Describe your State's registration and enforcement procedures. Arrears required. Once received, a copy of the arrears and last out of state court order and the other states UIFSA legislation sent to State Attorneys office in a formal letter for signature. The signed packet (petition) would be sent to the Clerk of Court in the State of Delaware Family Court. Family Court will serve the non-custodial parent. If the non-custodial parent does not contest the registration, the registration will be confirmed in about 30 days. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. None J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? No J13.1. If yes, please provide the statutory citation. For Additional Information - No Link Provided J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? Yes; however, notice requirements under Delaware law must be met. J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). N/A J15. Does your State use credit bureau reporting as an enforcement method? Yes J15. Does your State use credit bureau reporting as an enforcement method? J16. Provide which credit bureaus your State report an obligor's child support information? Equifax, Experian, TransUnion J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Both J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? More than $1,000.00 in child support arrears K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? 2.5 years or proof that a substantial change in circumstances has occurred. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? On request of CP or NCP in non-TANF cases; automatically in TANF cases. K3. Briefly describe your State's modification procedure. A request would be made of the custodial parent to provide in writing why he/she believes that there is a substantial change in circumstances that warrant a modification of the existing court order, or if the previous court order is over 2 years old. The Division of Child Support 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. The Family Court hearing would determine whether a modification of the previous order is warranted. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? 10% of the previous order is over 2.5 years old, or an agreement between the parties. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Significant change in income, day care expenses, additional biological children in parents' care K6. Does your State have cost of living adjustments (COLAs)? Yes   K6.1. If so, what index does your State use? Standard of Living Adjustment (SOLA)   K7. How does your State credit SSA disability to current and past due support? If the child is receiving social security benefits through the non-custodial parent's disability grant, the Family Court may revoke the current support obligation K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No   K8.1. If yes, please explain the situation? N/A K8.2. What is the statutory citation for your abatement law? N/A For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. N/A K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Delaware Office of Vital Statistics K9. What information is required to register an out-of-State order for enforcement/modification? DCSE is required to document the paternity status of each child. Please assure that the subject order contains a specific finding of paternity for each child. If not, please attach documentation for our records that reflects that paternity has been established for each child. L. Lump Sum Payments L1. Does your State define a lump sum payment? No     L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? N/A L1.2 Provide the statutory citation. N/A For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No   L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. N/A For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N/A L4. How are employers instructed to report a pending lump sum? N/A L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. N/A L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? N/A L7. Does your State use the income withholding order to attach the lump sum payment? No  L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? N/A L8. Does your State use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? N/A L9. What other documents does your State use to attach lump sum payments? Sequestration Orders L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No  L10.1 If yes, what are those limits? N/A For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? N/A L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No L11.1 If yes, would the employer only withhold for that period's obligation? N/A M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No   M2.1. If yes, provide the statutory citation N/A For Additional Information - No Link Provided M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. N/A M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. N/A M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? bligors who are 60 days delinquent in their child support payments and who owe $500 or more in past-due support are subject to the interception of insurance settlements for claims for workers compensation and personal injury payments. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. Arrears of $500 or more M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). Receipt of Notice of Child Support Lien from DCSE. M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). N/A M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. No For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Insurers are required to respond to Notices of Child Support Lien/Levy. M3.1. Please provide the statutory citation. 13 Del C sec. 2205(c) For Additional Information - http://delcode.delaware.gov/title13/c022/index.shtml M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Notices of Child Support Lien/Levy M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? DCSE M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. 13 Del C sec 2215(g)(3) and (4) For Additional Information - http://delcode.delaware.gov/title13/c022/index.shtml M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. 29 Del C sec. 10122 For Additional Information - http://delcode.delaware.gov/title29/c101/sc03/index.shtml M6. Are there attorney fees associated with the insurance intercept activity? No M7. How does another State initiate and intercept collections from your State Workers Compensation agency? N/A M7.1. What is the process, the points of contact, and what forms must be completed? N/A Dedicated To Enforcing Your Support Order.
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