If a question of paternity of a child is raised, the parties have a right to submit that question to a jury for determination. Therefore, the issue is whether or not defendant is the father of this child. The question of the amount of support for the child or the mother is not for the jury's consideration.
Delaware Instruction to Jury in a Paternity Case: Amount of Support not a Question for the Jury In a paternity case in Delaware, there may be specific instructions given to the jury regarding the determination of the amount of support. It is important for the jury members to understand that the calculation and determination of the support amount are not within their purview or decision-making authority. The amount of support to be awarded is typically determined by statutory guidelines or pre-established formulas, and the jury's role is limited to determining paternity and other relevant issues. Some possible types of Delaware instructions to the jury in a paternity case where the amount of support is not a question for the jury may include: 1. Standard Instruction: The court may provide a standard instruction informing the jury that the determination of the amount of support is not a matter for their consideration or decision. This instruction serves to clarify the boundaries of the jury's role and prevent any confusion or misconception during the trial. 2. Statutory Reference: The jury might be informed about the specific Delaware statute or law that governs the calculation of child support. This instruction reinforces the idea that support calculations are based on predetermined guidelines and are not subjective or discretionary. 3. Jury's Limited Scope: The instruction may emphasize that the jury's task primarily revolves around establishing paternity, determining custody arrangements, visitation rights, and any other relatable issues. The amount of support, however, falls under the jurisdiction of the court and is typically determined separately based on established criteria. 4. Directions on Presentation: The instruction may provide guidance on how the parties involved in the case can present evidence or arguments related to child support. This ensures that the trial remains focused and avoids unnecessary discussions or debates that could mislead the jury regarding their role in determining the support amount. 5. Jury's Verdict: The instruction may reiterate that the jury's verdict should not involve any determination or statement about the amount of support to be awarded, as it is a legally separate matter. Encouraging the jury to concentrate solely on the issues assigned to them promotes a fair and efficient resolution of the case. By providing clear instructions and guidance, the court ensures that the jury understands its responsibilities, stays within its boundaries, and makes informed decisions. These instructions help maintain the integrity of the legal process by avoiding any potential confusion or misdirection regarding the determination of support amounts in a Delaware paternity case.
