How to collect unpaid child support in Delaware

How unpaid support is collected, interest and license rules, and a free letter asking the agency to enforce.

Checked against official sources: Oct 25, 2026.

Short answer

Arrears means child support that is past due. 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).

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).
Passport denial
Over $2,500 past due (federal law)

What the agency can do in Delaware

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

  • 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

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

Ask the agency in writing to collect what is owed: Ask the agency to collect unpaid support

When a license can be suspended in Delaware

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.

What federal law adds

  • 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)
  • 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)

Court action in Delaware

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

In nearby states

What to do now in Delaware

  1. Keep a payment record

    Keep a log of every payment and every missed payment.

  2. Open a case or ask the agency

    Contact Delaware Department of Health and Social Services, Division of Child Support Services (DCSS) ((302) 577-7171) · Apply online

  3. Share what you know

    Tell the agency where the other parent works or lives.

  4. Get the numbers in writing

    Ask the agency for the total owed, with any interest.

Free help in Delaware

Questions about unpaid support in Delaware

What can the agency do about unpaid support in Delaware?

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

Can unpaid support cost a driver's license in Delaware?

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.

Can a parent go to jail for unpaid support in Delaware?

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.

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Sources

Sources

Last checked: Oct 25, 2026.

Federal sources