Child Support Laws in Delaware

Delaware uses the Hybrid model to calculate child support, which means elements of both the Income Shares and Percentage of Income models are used.

How Delaware Calculates Child Support

This state uses a hybrid model that combines elements of both the Income Shares and Percentage of Income approaches. The exact formula may vary based on income levels, with different calculation methods applied at different income thresholds. This can make calculations more complex but aims to provide a fairer result across different income levels.

The Delaware child support guidelines provide specific tables and formulas that courts use to determine the appropriate amount. Judges can deviate from these guidelines in special circumstances, but the calculated amount is the presumptive starting point.

For the official guidelines, visit the Delaware child support guidelines.

What Counts as Income in Delaware

Income for child support typically includes wages, salary, bonuses, commissions, self-employment income, rental income, investment returns, retirement payments, Social Security benefits, disability payments, and trust distributions.

Importantly, courts in Delaware can look beyond what appears on a tax return. If a parent is self-employed or owns a business, the court can examine business records, bank statements, and lifestyle evidence to determine true income. Personal expenses paid by a business, unreported cash income, and excessive business deductions can all be added back as income for child support purposes.

Read our complete guide to what counts as income →

How to File a Child Support Modification in Delaware

In Delaware, you can request a modification of child support when there has been a material change in circumstances. This typically includes:

To file a modification in Delaware:

  1. Gather evidence of the changed circumstances
  2. File a Motion to Modify Child Support with your local family court
  3. Include a current financial affidavit
  4. Serve the other parent with the motion
  5. Attend the court hearing and present your evidence

The Delaware Division of Child Support Enforcement can help with modification requests. Visit their website at Delaware Division of Child Support Enforcement.

Read our step-by-step modification guide →

Delaware Resources

Search Public Records in Delaware

Find business filings and property records that may reveal hidden income.

Search Delaware Records Free Free Delaware Attorney Consultation

This information is for educational purposes only and is not legal advice. Child support laws in Delaware may change. Consult a licensed Delaware attorney for advice specific to your situation.