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Delaware State Profile |
Updated on 09 Aug 2006 Certified on 05 Jun 2007
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A. General/State-At-A-Glance |
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| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered /State operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
3 Sites |
| A3. With what types of agencies do you have cooperative agreements? |
Office of the Attorney General, Division of Motor Vehicles, Department of Labor, State of Delaware Family Court, and Division of Revenue. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes. |
| A4.1. If so, what is the statutory citation? |
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| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
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| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
7/1/1995 |
| B2. What is the effective date of your State's Act? |
7/1/1995 |
| B3. What is the statutory citation for your State's Act? |
13 Del. C Chapter 6 For Additional Information - No Link Provided |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
2001 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
July 1, 2006 |
| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Australia, England, Germany, and the following provinces in Canada, Manitoba, New Brunswick, Nova Scotia, Ontario, Saskatchewan, Yukon |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
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| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
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D. Age of Majority |
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| D1. What is the age of majority in your State? |
18 |
| D2. What is the statutory cite for the age of majority? |
13 Del. C ? 501 (a)(b)(c)(d) For Additional Information - No Link Provided |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
18 and the child is no longer in high school. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
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| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
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| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
If a child is disabled or has special needs, obligation may continue beyond age of majority if documentation is accepted by hearing official. College expenses are not considered. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
The State of Delaware does not have a statute of limitations on collection of past due support. |
| E2. What is your State's statute of limitations for paternity establishment? |
Child is 18 years old, or reaches 19 and is still in high school. |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
See answer to question A. |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Melson Formula |
| F2. Does your State charge interest on missed arrears? |
No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
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| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
N/A |
| F4. Does your State charge interest on adjudicated arrears? |
No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
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| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If a court order requires the non-custodial parent to pay a percentage of un-reimbursed medical expenses, the child support office will enforce that portion under the following circumstances. 1) The non-custodial parent has been informed of the medical debt. 2) The non-custodial parent has been given an opportunity to pay the bill or make arrangements with the custodial parent. 3) If both 1 and 2 have been completed and the non-custodial parent has failed to pay back the debt, the custodial parent can request enforcement by completing the designated medical forms at the IV-D agency. The medical forms ask for information with regards to ER/Hospital, date of treatment, cost of treatment, amount covered by insurance, balance due, percentage of amount to be split between the custodial and non-custodial parent. The IV-D agency would then file a contempt petition on the custodial parent's behalf for un-reimbursed medical debt. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
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| F6.2. What costs are recovered from/fees charged to the obligor? |
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| F7. Does your State recover costs on behalf of the initiating State? |
No |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
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| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
13 Del. C ? 610 For Additional Information - No Link Provided |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Only if there is a corresponding child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
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G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Wage withholding |
| G2. What specific source of income is not subject to withholding? |
Supplemental Social Security Benefits For Additional Information - No Link Provided |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
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| G4. What is the allowable fee per pay period for processing income withholding payments? |
Up to, not to exceed $2.00 |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
7 days |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
On or before the date the employee is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Contempt petition would be filed in the State of Delaware Family Court. The Family Court Commissioner would determine sanction after court proceeding. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Not more then $1000.00 for a first offense or imprisoned not more then 90 days or both. For each subsequent offense shall be fined not more than $5,000.00 or imprisoned not more than 1 year, or both. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
Send income wiwthholding notice to the IV-D agency. |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
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| G11. How does an obligor contest income withholding in your State? |
In writing, to the Administrative Hearing Officer. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Child support attachment has priority over any other attachment, except for federal tax liens, regardless of whether such other attachment was perfected prior to the support attachment. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - No Link Provided |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
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| G14. When does your state require the employer to send notice of an employee's termination? |
No. |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
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| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
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| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Child support, arrears, medical support |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
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| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99% or above |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
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| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
7/1/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
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| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
By the person filing the appropriate documentation in the Family Court. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
The father could file the appropriate documentation in the Family Court to request a paternity test. This may or may not be granted. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
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| H8. Does your State have a putative fathers' registry? |
No |
| H8.1. If so, what is the name of that entity? |
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| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
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| H10.2. When did your current common law standard go into effect? |
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| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
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| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Depending on the particular reason for the request, the Family Court may grant a request for a teleconference. In reciprocal cases, the State of Delaware does except under a notarized signature written documentation. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
13 Del. C ? 610 For Additional Information - No Link Provided |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
Genetic testing costs are recovered if included in the ordered obligation. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
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| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
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| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
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I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial Process |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
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| I1.2. Under what circumstances would the judicial process be used? |
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| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
The custodial parent and non-custodial parent. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
In some situations, the individual can file with the State of Delaware Family Court if they disagree with a Family Court Order. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
No more then two years, or retroactive from the date the document (petition) was filed with the Family Court, or child's date of birth. |
| I4.2. What information or documentation does your State require to proceed? |
Certification of mailing, filings date, financial information from the parties. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
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| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
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| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
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| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
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| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
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| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
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| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
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J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative procedures |
| J2. Is the lien process in your State judicial, administrative or both? |
Both |
| J2.1. What are the trigger criteria for filing a lien? |
Varies - IV-D Case |
| J2.2. Where is your State liens filed? |
RP:Register of Wills, or Prothonotary RP:Register of Wills, or Clerk of Court, or Prothonotary, or Attorneys' of Record, or Sec. of Industrial Acident Board. |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
Amount varies |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial procedure |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
FI, CP and NCP are noticed simultaneously when case is selected for lien action. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
State |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
N/A |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
$1,000 minimum arrears AND 60 days no voluntary pay. FIDM levy seizure, tax intercept, lottery intercept and administrative offset not considered voluntary pay. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
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| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Statutorily, liens/levies are good for 10 years |
| J5.3. 1. If yes, please provide the time frame. |
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| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
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| J5.4.1. If yes, please provide the percentage. |
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| J5.4.2 . Is the percentage different for joint accounts? |
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| J5.4.3. If yes, please provide the amount. |
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| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
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| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
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| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
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| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
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| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
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| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative with appeal to Judicial |
| J5.11. What are your State's penalties for incorrect seizures? |
None |
| J5.12. Is the second challenge administrative, judicial or both? |
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| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
Within 20 days from date of notice, account holders must file a request in writing. Only three issues can be raised (obligor is not the person, arrears are incorrect, child support payments were made in last 60 days). Recourse for non-debtor permitted. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Centralized. Not completely automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
Proper notice and appeal opportunity requirements must be met for lien/levy activity. Certain delinquent cases are excluded: Collection only, Intact family, Bankruptcy, PFA. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
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| J5.16.1. If yes, what is the amount? |
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| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
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| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
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| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
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| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
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| J5.19.1 . If yes, please define. |
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| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Worker's compensation, unemployment compensation - judicial and administrative procedures. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Wage withholdings to employers |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Incarceration, lump sum payments, wage withholdings to employers. |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
N/A For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
None |
| J11. Describe your state's registration and enforcement procedures. |
Arrears required. Once received, a copy of the arrears and last out of state court order and the other states UIFSA legislation sent to State Attorneys office in a formal letter for signature. The signed packet (petition) would be sent to the Clerk of Court in the State of Delaware Family Court. Family Court will serve the non-custodial parent. If the non-custodial parent does not contest the registration, the registration will be confirmed in about 30 days. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
None |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
13 Del. C ? 662 For Additional Information - No Link Provided |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
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| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
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| J15. Does your state use credit bureau reporting as an enforcement method? |
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| J16. Provide which credit bureaus your state report an obligor's child support information? |
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| J17. Is the method for credit bureau reporting judicial, administrative or both? |
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| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
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| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
2 ? years or proof that a substantial change in circumstances has occurred. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
On request of CP or NCP in non-TANF cases; automatically in TANF cases. |
| K3. Briefly describe your State's modification procedure. |
A request would be made of the custodial parent to provide in writing why he/she believes that there is a substantial change in circumstances that warrant a modification of the existing court order, or if the previous court order is over 2 ? years old. The Division of Child Support generates a modification petition to be signed by the State Attorney General's office. Once signed by the State Attorney's office the petition would be submitted to the State of Delaware Family Court for process service of the parties and scheduling of a Family Court hearing. The Family Court hearing would determine whether a modification of the previous order is warranted. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
10% or the previous order is over 2 ? years old, or an agreement between the parties. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
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| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
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| K6. Does your State have cost of living adjustments (COLAs)? |
Yes |
| K6.1. If so, what index does your State use? |
Standard of Living Adjustment (SOLA) |
| K7. How does your state credit SSA disability to current and past due support? |
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| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
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| K8.1. If so, please explain the situation? |
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| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
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| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
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| K9. What information is required to register an out-of-state order for enforcement/modification? |
DCSE is required to document the paternity status of each child. Please assure that the subject order contains a specific finding of paternity for each child. If not, please attach documentation for our records that reflects that paternity has been established for each child. |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
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| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
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| L11.1 If yes, would the employer only withhold for that period's obligation? |
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