Child support in Delaware

How child support is figured in Delaware

Model

Melson formula

How it works

Delaware uses the Melson Formula. Each parent first keeps a self-support allowance, then each child's basic needs are covered, and if income is left the child shares in it through a standard-of-living adjustment. Overnights of 80 or more a year reduce support; 164 or more is shared placement.

Low income

Each parent keeps a $1,600 monthly self-support allowance (2026 formula). The minimum order is $160 a month for one child and $240 for more than one, unless the children are in shared or split placement or the paying parent is disabled. Most orders drop to half the minimum order after 180 days in jail.

Official calculator

Official Delaware child support calculator

Health insurance and medical costs

A medical support order requires one or both parents to provide health insurance and to share uninsured medical costs by their share of income (rounded to the nearest 10%). Coverage costing more than 10% of the parent's income is presumed unaffordable; once you have coverage you must keep it until the court says otherwise.

Source: Form 509i

Law: Del. Fam. Ct. Civ. R. 500-510 (formula revised effective February 1, 2026); 13 Del. C. 514

Change a child support order in Delaware

When a change is allowed

Any time after 2 1/2 years since support was last calculated. Sooner only for a substantial change in circumstances that you did not cause (income, health insurance, child care or private school costs, number of children), stated with particularity, and only if the new amount differs by more than 10%. A formula revision alone is not a reason to modify.

How to ask

File a Petition for Child Support Modification in Family Court, or ask DCSS to file it; there is no filing fee if the parent receiving support is a DCSS client. Mediation comes first, then a Commissioner hearing if needed.

Source: Form 342

Forms

• Petition for Child Support Modification (Form 342)

Law: Del. Fam. Ct. Civ. R. 500-510; Instructions for Child Support Calculation (Form 509i, rev. 2/26)

Can I ask for a change? Check your situation

Ask the agency to review (change) your order

Collect unpaid child support in Delaware

Arrears means support that is past due. The child support agency can use these tools to collect it:

Collection tools

• Wage attachment (required in most orders)
• Driver's, professional and recreational license suspension
• State tax refund intercept (owing $150 or more)
• Federal tax refund intercept ($500 or more; $150 on TANF/foster care cases)
• Lottery winnings intercept ($150 or more)
• Passport denial (DCSS lists $3,500 or more; under federal law passports can be denied at more than $2,500)
• Unemployment benefits intercept
• Child support liens
• Credit bureau reporting
• Petition for arrears, contempt, fines and jail

License suspension

By law, a license can be suspended if you owe $1,000 or more in arrears and are 30 or more days behind on a DCSS-enforced order (13 Del. C. 2216). DCSS says it starts license action when you owe $3,500 or more and have made no payment in 60 or more days, or have a warrant for missing court. You get a notice and 20 days to pay in full, sign a payment agreement, or ask for a hearing.

Contempt of court

DCSS or the parent owed support can file a Petition for Child Support Arrears; the court can add an arrears payment, suspend a license, or find contempt with fines or jail.

Source: Form 343

Law: 13 Del. C. 516, 2215, 2216, 2217; 42 U.S.C. 652(k)

Ask the agency to collect unpaid support

When child support ends in Delaware

Support ends

18, or if the child is still in high school, when the child graduates or turns 19, whichever comes first

Exceptions

Support can also end if custody of all the children is transferred to the paying parent by court order or written agreement. Separately, parents have a duty to support an adult child with a disability who cannot support themselves (13 Del. C. 503).

Law: 13 Del. C. 501(d), 503

When does support end? Check your situation

Good to know in Delaware

• Delaware is one of the few states using the Melson Formula, which protects a self-support allowance for each parent first (Family Court Civil Rules 500-510).
• Petitions filed through DCSS have no filing fee (Family Court FAQ).
• If arrears build up for 90 days and the order has no arrears payment, the order goes up by law by 10% of current support or $5, whichever is more (13 Del. C. 516(f)).

Changes in 2024–2026

Family Court revised the Delaware Child Support Formula effective February 1, 2026: $1,600 self-support allowance, $160/$240 minimum orders, presumptive minimum income of $2,390 a month, and a 35-hour work week for imputing income. Allowances are now adjusted each February 1 to the federal poverty guidelines.

Law: Civil Rules 500-510

Federal rules in every state

• Applying. If you don't get TANF, Medicaid or foster care help, a state may charge an application fee of up to $25 to open a child support case. Law: 42 U.S.C. 654(6)(B)(i)
• Yearly fee. If you never got TANF and the agency collected at least $550 for you in a year, the state charges a $35 yearly fee. It can come out of your support, but never out of the first $550. Law: 42 U.S.C. 654(6)(B)(ii)
• Review every 3 years. If your case is with the child support agency, either parent can ask it to review the order every 3 years and adjust it to the guidelines. Law: 42 U.S.C. 666(a)(10)(A); 45 CFR 303.8
• Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)
• Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
• Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
• Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
• How long support lasts. How long support lasts follows the law of the state that made the order, even if you move. Law: 28 U.S.C. 1738B(h)(2)

Questions about child support in Delaware

More help on our sister sites

• Divorce and custody in Delaware (Divorce Law Map)
• Other legal problems (RobinClaim)

Sources

Other states