Delaware child support is calculated using the Melson Formula, a unique three-step approach that first ensures each parent retains $1,570 per month for self-support, then allocates primary support based on combined parental income, and finally applies a Standard of Living Adjustment (SOLA) to share any remaining income with the children. Under Del. Code tit. 13, § 501, both parents share the legal duty to support their children until age 18 or high school graduation (up to age 19). Delaware imposes minimum support orders of $160 per month for one child and $240 for multiple children, regardless of parental income, unless the children reside in shared placement or the obligated parent is disabled.
Key Facts
| Category | Delaware Requirement |
|---|---|
| Formula Used | Melson Formula (Income Shares variant) |
| Self-Support Allowance | $1,570/month per parent (2026) |
| Minimum Support (1 child) | $160/month |
| Minimum Support (2+ children) | $240/month |
| Minimum Imputed Income | $1,430/month ($8.25/hour × 40 hours) |
| Support Termination Age | 18 (or 19 if still in high school) |
| Modification Waiting Period | 2.5 years (or 10% change threshold) |
| Filing Fee | $165 + $10 security fee = $175 |
| Passport Denial Threshold | $2,500 in arrears |
As of March 2026. Verify current fees with the Delaware Family Court Clerk.
How Delaware Calculates Child Support Using the Melson Formula
Delaware is one of only three states (along with Hawaii and Montana) that uses the Melson Formula, developed by Delaware Family Court Judge Elwood F. Melson Jr. Under Delaware Family Court Civil Rules 500-510, the formula operates on three foundational principles: parents deserve enough income to meet their own basic needs, parents cannot retain more than necessary for self-support while children have unmet needs, and children are entitled to share in any parental income above subsistence level. The 2026 self-support allowance of $1,570 per month reflects annual adjustments based on HHS federal poverty guidelines, increasing from $1,510 in 2024.
Step 1: Calculate Net Available Income
The formula begins by determining each parent's gross monthly income from all sources including wages, bonuses, commissions, self-employment income, rental income, and investment returns. Mandatory deductions subtract federal and state taxes, Social Security contributions, Medicare taxes, and required retirement contributions. The $1,570 self-support allowance is then subtracted, along with adjustments for supporting other minor children not subject to the current order. The remaining amount becomes each parent's Net Available Income for child support purposes.
Step 2: Determine Primary Support Obligation
Each parent's primary support obligation is calculated by multiplying their percentage of combined Net Available Income by the total primary support amount needed for the children. The primary support amount varies by the number of children and is established in the Delaware Child Support Guidelines tables updated every two years. For example, if Parent A has $3,000 Net Available Income and Parent B has $2,000, Parent A contributes 60% and Parent B contributes 40% of the primary support obligation.
Step 3: Apply Standard of Living Adjustment (SOLA)
After meeting primary support needs, the SOLA ensures children benefit from any remaining parental income above subsistence levels. The formula subtracts each parent's primary support obligation from their Net Available Income, then multiplies the result by a percentage based on the number of children. This adjustment prevents situations where parents enjoy comfortable lifestyles while their children receive only minimal support, reflecting the principle that children should share in their parents' actual standard of living.
Sample Child Support Calculation
Consider a typical Delaware child support scenario where the non-custodial parent earns $4,000 gross monthly income and the custodial parent earns $2,400 gross monthly income. They have two children, and the non-custodial parent has fewer than 80 overnight visits per year. After deducting taxes (approximately 22%), self-support allowance ($1,570), and calculating Net Available Income, the non-custodial parent would owe approximately $1,130 per month in child support. If parenting time increases to 110 overnights annually, a 10% parenting time credit applies, reducing the monthly obligation to approximately $977.
Parenting Time Credits and Overnight Adjustments
Delaware Family Court recognizes that parenting time directly affects child-rearing expenses and adjusts support obligations accordingly. The credit structure creates clear thresholds that reward meaningful parental involvement while ensuring children's financial needs remain prioritized regardless of custody arrangement.
Sole Physical Custody Credits
| Overnights Per Year | Parenting Time Credit |
|---|---|
| 0-79 overnights | 0% credit |
| 80-124 overnights | 10% credit |
| 125-163 overnights | 30% credit |
| 164+ overnights | Shared custody formula applies |
When the non-custodial parent hosts children for 80 or more overnights annually, they receive a percentage reduction in their support obligation. At 164 or more overnights (approximately 45% of the year), Delaware courts apply the shared physical custody formula, which uses a different calculation method assuming roughly equal parenting expenses.
Factors Included in Delaware Child Support Calculations
Delaware child support encompasses more than basic living expenses. Under Family Court Rules 506-508, the formula incorporates health insurance premiums, unreimbursed medical expenses, childcare costs necessary for employment or education, and private school tuition when both parents agree or when it serves the child's best interests. Each parent's share of these additional expenses corresponds to their percentage of combined Net Available Income.
Health Insurance and Medical Expenses
Under Del. Code tit. 13, § 513, Delaware requires one or both parents to provide health insurance coverage for minor children when available at reasonable cost through employment or group insurance. Both parents share responsibility for unreimbursed medical expenses including dental, vision, orthodontics, and prescription costs not covered by insurance. A petition for past medical expense reimbursement must be filed no later than December 31 in the second year after the expense is incurred.
Childcare Costs
Work-related childcare expenses are added to the basic support calculation and allocated between parents based on their income percentages. Delaware Family Court includes childcare costs necessary for either parent to maintain employment, seek employment, or attend job training or education programs. When the custodial parent qualifies for Delaware's Child Care Assistance-Purchase of Care program (available to families at 185% of Federal Poverty Level or below), the subsidized portion is excluded from the support calculation.
Income Imputation for Unemployed or Underemployed Parents
Delaware courts have authority to impute income when a parent is voluntarily unemployed or underemployed without legitimate justification. Under the Melson Formula guidelines, Delaware presumes a minimum earning capacity of $8.25 per hour for 40 hours per week, equaling $1,430 per month or $17,160 annually. Courts may impute higher income based on a parent's education, work history, job skills, and local employment opportunities. Legitimate reasons for reduced income include disability, full-time education, caring for a young child, or documented inability to find employment despite good-faith efforts.
How to File for Child Support in Delaware
Parents seeking child support orders in Delaware can file through the Family Court or through the Division of Child Support Services (DCSS). The DCSS provides free services for locating absent parents, establishing paternity, obtaining support orders, and enforcing existing orders. Most parents seeking support are represented by DCSS, which handles administrative aspects of the case.
Filing Process Overview
- File a Petition for Child Support with Delaware Family Court ($165 filing fee plus $10 court security fee)
- If paternity is in question, the court may order genetic testing
- Attend mandatory mediation conference where a Family Court mediator calculates support using the Delaware Child Support Formula
- If mediation fails, a hearing is scheduled before a Family Court Commissioner
- The Commissioner issues a support order based on the formula calculation
Fee waivers are available through an Affidavit in Support of Application to Proceed In Forma Pauperis for parents demonstrating financial hardship. The Delaware Family Court provides Form 509, the official child support calculation worksheet, at no cost.
Delaware Child Support Enforcement Methods
The Division of Child Support Services possesses extensive enforcement authority under Del. Code tit. 13, Chapter 22. Delaware ranks among the most aggressive states in pursuing delinquent support payments, employing multiple simultaneous enforcement mechanisms when necessary.
Income Withholding Orders (IWO)
All Delaware child support orders are subject to immediate income withholding under Del. Code tit. 13, § 513. Employers receive Income Withholding Orders directly from DCSS and must begin deductions within two business days of receiving new hire information through the State Directory of New Hires. Employers with 50 or more employees must remit payments electronically by the employee's payday. Failure to comply with an IWO can result in employer liability for unpaid support amounts.
Additional Enforcement Measures
| Enforcement Method | Threshold/Details |
|---|---|
| Federal Tax Refund Intercept | Any arrears amount |
| State Tax Refund Intercept | Any arrears amount |
| Passport Denial | $2,500+ in arrears |
| License Suspension | Driver's, hunting, fishing, professional, occupational |
| Lottery Intercept | Delaware Lottery winnings seized |
| Consumer Reporting | Reported to credit bureaus |
| Contempt of Court | Court appearance, potential jail time |
| Private Collection | Contracted collection agencies |
Modifying Delaware Child Support Orders
Delaware Family Court will accept a modification petition if 2.5 years or more have passed since the last child support order. Earlier modifications require demonstrating a substantial change in circumstances through no fault of the petitioner. A recalculation showing a change of 10% or greater (upward or downward) from the current order constitutes substantial change under Delaware law.
Qualifying Changes for Early Modification
Petitions filed within 2.5 years must allege with particularity one or more of the following changes:
- Significant income change for either parent (job loss, promotion, disability)
- Health insurance cost or availability changes
- Daycare or private school tuition changes
- Change in the number of minor children subject to the order
- Change in the number of other minor children being supported
- Modification of custody or parenting time arrangements
- Child's medical needs or educational requirements changed substantially
The modification process begins with mediation before a Family Court mediator attempts to help parents reach agreement. If unsuccessful, a Commissioner hearing determines whether modification is warranted. Importantly, retroactivity cannot extend further back than three days after the modification summons is mailed, so parents should file promptly when circumstances change.
When Child Support Ends in Delaware
Under Del. Code tit. 13, § 517, Delaware child support terminates automatically when the child turns 18. If the child is still attending high school at age 18, support continues until graduation or the child's 19th birthday, whichever occurs first. Delaware does not authorize courts to order child support for college or post-secondary education expenses. Parents who wish to share college costs must include voluntary provisions in their divorce settlement agreement.
Support for Incapacitated Children
Delaware courts may order continued support beyond age 18 or 19 for children who are incapacitated and unable to support themselves due to physical or mental disability. The parent seeking extended support must petition the court with medical documentation establishing the child's incapacity and inability to achieve self-sufficiency.
Arrears Collection Has No Time Limit
Past-due child support obligations do not disappear when the child reaches adulthood. Delaware has no statute of limitations on collecting child support arrears. The obligation for payment of arrears terminates only when all past-due amounts have been paid in full. DCSS continues enforcement actions including wage garnishment, tax intercepts, and license suspensions until the balance reaches zero.
Frequently Asked Questions
How much is child support in Delaware for one child?
Delaware child support for one child depends on both parents' incomes, parenting time, and additional expenses. The minimum support order is $160 per month for one child, but typical orders range from $400-$1,200 monthly when the non-custodial parent earns $40,000-$80,000 annually. Use the official Delaware Child Support Calculator for accurate estimates based on your specific circumstances.
What is the average child support payment in Delaware?
Delaware does not publish average child support payment statistics because the Melson Formula produces highly individualized calculations. A non-custodial parent earning $4,000 monthly with two children and fewer than 80 overnights annually typically owes approximately $1,130 monthly. The amount varies significantly based on both parents' incomes, number of children, parenting time, and additional expenses like health insurance and childcare.
Can I calculate my Delaware child support amount online?
Yes, Delaware Family Court provides an official online calculator at courts.delaware.gov/family/support/supportcalculator.aspx. You will need both parents' gross monthly incomes, tax filing status, number of children, health insurance premiums, childcare costs, and the annual overnight schedule. The calculator applies the current Melson Formula values including the $1,570 self-support allowance.
How often is Delaware child support reviewed?
Delaware Family Court accepts modification petitions after 2.5 years from the last support order. Earlier review requires proving a substantial change in circumstances causing at least a 10% difference in the calculated support amount. The Melson Formula itself undergoes comprehensive review every four years, with numerical values like the self-support allowance updated every two years based on federal poverty guidelines.
Does Delaware require child support to pay for college?
No, Delaware courts cannot order parents to pay child support for college or post-secondary education expenses. Under Del. Code tit. 13, § 517, support obligations end at age 18 (or 19 if still in high school). Parents who want to share college costs must include voluntary provisions in their divorce settlement or separation agreement. Once incorporated into a court order, voluntary agreements become enforceable.
What happens if I don't pay child support in Delaware?
Delaware employs aggressive enforcement through the Division of Child Support Services. Consequences include automatic wage garnishment, federal and state tax refund intercepts, passport denial (at $2,500+ arrears), suspension of driver's and professional licenses, lottery winning seizure, credit bureau reporting, and contempt of court proceedings that may result in incarceration. Interest accrues on unpaid balances, and there is no statute of limitations on collecting arrears.
How is child support collected in Delaware?
Delaware uses mandatory income withholding for all support orders under Del. Code tit. 13, § 513. Employers receive Income Withholding Orders from DCSS and must deduct support payments directly from the obligated parent's paycheck. Payments route through DCSS, which tracks and distributes funds to the custodial parent. Self-employed parents make payments directly to DCSS by the specified due date.
Can Delaware child support be modified if I lose my job?
Yes, involuntary job loss constitutes a substantial change in circumstances justifying modification even within the 2.5-year waiting period. You must file a modification petition promptly because retroactive adjustments cannot extend beyond three days after the summons is mailed. Courts may temporarily reduce support but will impute minimum earning capacity of $1,430 monthly ($8.25/hour) unless you demonstrate disability or other legitimate barriers to employment.
Does parenting time affect child support in Delaware?
Yes, Delaware provides parenting time credits that reduce the non-custodial parent's support obligation. Parents with 80-124 overnights annually receive a 10% credit; 125-163 overnights yield a 30% credit. At 164+ overnights (roughly equal custody), Delaware applies a different shared custody formula. Accurately tracking overnight visits is essential because each threshold creates a meaningful reduction in monthly obligations.
Who pays for the child's health insurance in Delaware?
Delaware requires the parent with access to affordable group health insurance through employment to provide coverage for the child. If both parents have access, the court determines which plan better serves the child's interests. Both parents share unreimbursed medical expenses (deductibles, copays, uncovered treatments) proportionally based on their share of combined Net Available Income. Employers must honor court orders requiring employee contributions for dependent coverage.