Delaware Uniform Support Petition and Instructions
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How to fill out Uniform Support Petition And Instructions?
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FAQ
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.
The amount of the arrears payment is determined on a case-by-case basis. A person who is found in contempt of court for not paying child support can also be incarcerated until a designated amount of support is paid.
There is no statute of limitations in Delaware for child support arrears enforcement.
Child Support Overview A support action begins when one parent files a support petition, requesting the Court to order the other parent to pay child support. After the petition is filed, the Court may order genetic testing to establish paternity, if necessary.
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.
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.
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.