Support in Delaware

How Delaware Calculates Child Support

Delaware is one of only three states that uses the Melson Formula to calculate child support obligations. Developed by Delaware Family Court Judge Elwood F. Melson Jr., this approach is a refined version of the income shares model that incorporates a self-support reserve for each parent and a standard of living adjustment for the child.

The Melson Formula operates in three steps:

1. Self-support reserve. The court first ensures that each parent retains enough income to meet their own basic needs. If a parent’s net income falls below the self-support threshold, the support obligation is reduced or eliminated.
2. Primary support obligation. The court calculates the child’s basic needs and allocates the cost between the parents based on their respective net incomes, after the self-support reserve has been subtracted.
3. Standard of living adjustment (SOLA). If either parent has income remaining after covering their self-support reserve and primary support share, a percentage of the excess is allocated to benefit the child, ensuring that the child shares in the parent’s higher standard of living.

This three-step approach distinguishes Delaware’s system from the simpler income shares models used in most states. The guidelines are established under 13 Del. C. Section 514.

For a broader overview of support calculations, see our guide on how child support is calculated. You can also estimate your potential obligation using our child support calculator.

Deviation Criteria

The Melson Formula produces a presumptive support amount, but the court may deviate when strict application would be unjust. Permissible grounds for deviation include:

• Extraordinary medical expenses not covered by insurance
• Special needs or educational expenses of the child
• The financial resources and needs of each parent
• The standard of living the child would have enjoyed had the marriage continued
• Child care costs related to employment or education
• Shared or split physical custody arrangements
• Pre-existing support obligations for other dependents
• Any other relevant factor affecting the best interests of the child

When the court deviates, it must state the reasons and the amount of the guideline calculation on the record.

Spousal Support (Alimony) in Delaware

Delaware courts award alimony under 13 Del. C. Section 1512. The statute directs the court to consider a set of specific factors:

• The financial resources of the party seeking alimony and their ability to meet needs independently
• The time necessary to acquire sufficient education or training for appropriate employment
• The standard of living established during the marriage
• The duration of the marriage
• The age, physical and emotional condition of both parties
• The contribution of the party seeking alimony to the education, training, or increased earning power of the other party
• The ability of the respondent to meet their own needs while paying alimony
• The tax consequences to each party
• Whether either party forgone or postponed economic, education, or employment opportunities during the marriage

Delaware recognizes temporary alimony (during the pendency of proceedings), rehabilitative alimony (to enable a spouse to become self-supporting through education or training), and permanent alimony (in longer marriages or when rehabilitative alimony is insufficient due to age, health, or other limitations).

Modification of Support Orders

Either party may petition for modification of child support or alimony by demonstrating a substantial and continuing change in circumstances that renders the existing order unreasonable. Under 13 Del. C. Section 1519, the change must not be self-created. Common grounds include significant income changes, job loss, changes in the child’s needs, or changes in custody arrangements. The Delaware Family Court reviews the same statutory factors used in the original order when evaluating a modification request.

Enforcement

Delaware employs a range of enforcement mechanisms when a parent or former spouse fails to comply with a support order:

• Income withholding (wage garnishment)
• Interception of state and federal tax refunds
• Suspension of driver’s, professional, and recreational licenses
• Contempt of court, which may result in fines or incarceration
• Liens on real and personal property
• Passport denial for arrearages exceeding $2,500
• Credit bureau reporting
• Bank account levies

The Delaware Division of Child Support Services assists custodial parents in establishing, modifying, and enforcing child support orders.

When to Seek Legal Guidance

Delaware’s Melson Formula is more complex than the child support models used in most states, and the alimony analysis involves significant judicial discretion. Whether you are establishing a new support order, seeking a modification, or dealing with non-payment, consider scheduling a free consultation with a family law attorney to understand your rights and options.

Statutes referenced: 13 Del. C. Sections 501-521 (child support), 13 Del. C. Sections 1512-1519 (alimony).

Frequently Asked Questions

How is child support calculated in Delaware?

Delaware uses a formula that considers both parents’ income, the number of children, custody arrangements, and expenses like healthcare and childcare. The court applies state guidelines to determine the base amount, though deviations are possible in certain circumstances.

Can child support be modified in Delaware?

Yes. Either parent can request a modification if there has been a substantial change in circumstances, such as a significant change in income, a change in custody arrangements, or increased expenses for the child. The court must approve any modification to an existing order.

How long does child support last in Delaware?

In most cases, child support in Delaware continues until the child turns 18 or graduates from high school, whichever comes later. Some states extend support through college or for children with special needs. Check Delaware’s specific rules for exceptions.

What happens if a parent does not pay child support in Delaware?

Delaware has enforcement mechanisms including wage garnishment, tax refund interception, license suspension, and contempt of court proceedings. The receiving parent can work with Delaware’s child support enforcement agency to collect unpaid support.

Does Delaware award alimony in divorce cases?

Delaware courts may award alimony (also called spousal support or maintenance) based on factors like the length of the marriage, each spouse’s earning capacity, contributions to the marriage, and the standard of living during the marriage. Alimony is not automatic and depends on the specific circumstances of the case.