Delaware Child Support Calculator
Free AI-powered calculator using Delaware's official statutory formula.
How Delaware Calculates It
Delaware calculates child support using the Melson Formula — a three-step model developed by Judge Elwood F. Melson Jr. under 13 Del.C.
§ 514 — which first deducts a $1,510 monthly self-support allowance per parent, then determines the child's primary support need, and finally applies a Standard of Living Adjustment (SOLA) sharing remaining income with the child. Delaware is one of only three states using this approach, alongside Hawaii and Montana. The Melson Formula considers both parents' gross incomes, health insurance premiums for the child, work-related childcare costs, and the number of children. Delaware Family Court counts only overnight stays for custody adjustments — not daytime visits.
A nonresidential parent hosting 80–124 overnights qualifies for a sole-custody parenting time credit, while 163 or more overnights triggers shared-custody calculations under the formula. Delaware courts treat the Melson Formula result as a rebuttable presumption under 13 Del.C. § 514. Judges may deviate only with written findings that the guideline amount would be unjust or inappropriate.
The minimum child support obligation is $110 per month for one child and $170 for two or more children. Self-support allowances and formula values are updated every two years based on the U.S. Department of Health and Human Services poverty guidelines and Consumer Expenditure Survey data.
With approximately 3,000 divorce filings annually in Delaware and a median attorney hourly rate of $350, understanding the formula's mechanics before your court date can help you prepare accurate financial disclosures and realistic expectations.
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Child Support Calculator
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Frequently Asked Questions
How is child support calculated in Delaware?
Delaware uses the Melson Formula, a unique three-step model under 13 Del.C. § 514 used by only three states. Step one deducts a $1,510 monthly self-support allowance from each parent's net income. Step two calculates the child's primary support need, shared proportionally between parents. Step three applies a Standard of Living Adjustment (SOLA), allocating a percentage of any remaining income to the child.
What income is used for Delaware child support calculations?
Delaware considers both parents' gross income from all sources, including wages, self-employment, bonuses, commissions, pensions, and investment income. Courts deduct taxes, mandatory retirement contributions, health insurance premiums, and the $1,510 self-support allowance to arrive at net income available for support. If a parent is voluntarily unemployed or underemployed, the court will impute income based on earning capacity.
How does custody affect child support in Delaware?
Delaware counts only overnight stays — not daytime visits — when adjusting child support for custody arrangements. A nonresidential parent with 80–124 overnights per year receives a sole-custody parenting time credit. At 163 or more overnights, the shared-custody calculation applies, which can significantly reduce the support obligation. Fewer than 80 overnights triggers the standard formula with no credit.
Can child support be modified in Delaware?
Delaware allows modification when a material change in circumstances occurs, such as job loss, income increase, or a change in custody. Under 13 Del.C. § 513, both parties must exchange financial reports every 12 months. Either parent may also request a review after 2.5 years from the last order. Past-due amounts that have already accrued become vested judgments and cannot be retroactively reduced.
What expenses are included in Delaware child support?
The Melson Formula's primary support calculation covers basic needs including food, clothing, shelter, and utilities. Health insurance premiums paid for the child are shared proportionally between parents based on income. Additional expenses such as work-related childcare, extraordinary medical costs, and educational needs may be factored in separately. The SOLA component adds further support when parental income exceeds basic needs thresholds.
Is there a minimum or maximum child support amount in Delaware?
Delaware imposes a minimum child support obligation of $110 per month for one child and $170 per month for two or more children. There is no statutory maximum cap, but Delaware courts have ruled under 13 Del.C. § 514 that the formula's purpose is child support, not wealth-sharing. When income is very high and the formula produces an amount far exceeding the child's lifestyle needs, the rebuttable presumption may be overridden.
How long does child support last in Delaware?
Under 13 Del.C. § 517, child support in Delaware terminates when the child turns 18. If the child is still enrolled in high school at age 18, support continues until graduation or age 19, whichever comes first. Support may extend beyond these limits for children with disabilities who remain dependent on the custodial parent. Arrears obligations continue until the full balance is paid regardless of the child's age.
What happens if a parent doesn't pay child support in Delaware?
Delaware's Division of Child Support Services enforces orders through automatic wage garnishment under 13 Del.C. § 513, which begins without a hearing when arrears occur. Additional enforcement tools include state and federal tax refund intercepts, property liens, driver's and professional license suspensions, credit bureau reporting, and contempt proceedings that may result in fines or incarceration. Employers must begin withholding within 2 business days of receiving a notice.
Official Statute
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