Delaware Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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Multi-State
Control #:
US-00800BG
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Word; 
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Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

Any person who owes $1,000.00 or more in arrears or retroactive support and is 30 or more days delinquent in payment of a child support order from either Family Court or the Division of Child Support Enforcement may have his/her license suspended as defined in Title 13 Delaware Code section 516.

Line 5--Self Support Allowance: The self-support allowance is the minimum amount of income necessary for a parent to remain productive in a workplace. Each parent is given a self-support allowance of $1460.

When the child support payments become overdue for two years or longer, or exceed $10,000, the crime is elevated to a felony. This can result in up to two years in prison. It's important to understand that while failure to pay child support is a federal law, punishment is actually handled at the state and local levels.

Child support won't change automatically when a parent's lifestyle changes. Nevertheless, either parent can request to modify child support if there's been a material change in circumstances. A material change can be a job change, the addition of a new child and even a remarriage.

There is no statute of limitations in Delaware for child support arrears enforcement.

If a parent fails to pay support as ordered, DCSS or the person entitled to receive support may file a petition for "arrears". At the hearing, an additional amount may be added to the order and remedies such as license suspension or incarceration may be considered.

If the court finds the NCP in contempt, the judge may order a purge payment, impose a sanction and even put the NCP in jail.

In Delaware, the Melson Formula is used to determine child support. This formula is based on the Standard of Living Adjustment (SOLA) as well as the basic support needs for both a noncustodial parent and the child.

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Delaware Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support