Delaware Child Support Guidelines
Delaware uses the Melson formula, a three-step variation of the income shares model. It first calculates each parent’s primary support allowance (self-support reserve), then allocates a share for basic child needs, and finally distributes a percentage of any remaining income.
Delaware follows the Melson Formula approach to calculating child support. The base percentages used in Delaware are approximately:
| Children | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| Guideline % | 18% | 27% | 33% | 35% | 37% | 39% |
How Delaware Calculates Child Support
Delaware uses the Melson Formula, an advanced variation of the income shares model. This three-step approach first ensures each parent retains a self-support reserve for basic living needs, then allocates funds for the children's primary needs, and finally distributes a percentage of any remaining income. This model is designed to balance the needs of children with the financial reality of both parents.
The Melson Formula ensures that both parents can meet their own basic needs before child support is calculated. After the self-support reserve of $1,150/month is protected, the remaining income is allocated to children's needs according to the guidelines schedule.
Key Factors in Delaware Child Support
Delaware courts consider several factors when determining child support obligations:
- Healthcare costs
- Childcare
- Standard of living adjustment
- Extraordinary expenses
- Number of children requiring support
- Each parent's gross income
- Parenting time / overnight schedule
Self-Support Reserve
Delaware protects a self-support reserve of $1,150/month to ensure the paying parent can meet their own basic needs. If the obligor's income falls below this threshold, the court may reduce or suspend the child support obligation.
Shared Custody in Delaware
Delaware's shared custody threshold is 30% of overnights (approximately 110 nights per year). When the noncustodial parent has the child for at least this many overnights, the standard child support calculation is adjusted downward to reflect the direct spending that occurs during parenting time.
The more overnights the noncustodial parent has beyond the 30% threshold, the greater the reduction in child support. In a true 50/50 custody arrangement, the higher-earning parent typically pays the difference between what each parent would owe based on their income share.
Delaware Child Support FAQ
How is child support calculated in Delaware?
Delaware uses the Melson Formula model. Delaware uses the Melson formula, a three-step variation of the income shares model. It first calculates each parent’s primary support allowance (self-support reserve), then allocates a share for basic child needs, and finally distributes a percentage of any remaining income. The guidelines were last updated in 2024.
What income is included in Delaware child support?
Delaware considers most forms of income including wages, salaries, bonuses, commissions, self-employment earnings, rental and investment income, pensions, Social Security benefits, disability payments, and unemployment compensation. Pre-existing child support orders, mandatory taxes, and certain mandatory retirement contributions may be deducted.
Can Delaware child support be modified?
Yes. Either parent can petition the court to modify child support when there has been a substantial change in circumstances. Common reasons include a significant increase or decrease in either parent's income (typically 15-25%), a change in the custody arrangement, a change in the child's medical or educational needs, or a change in childcare costs. The modification takes effect from the date the motion is filed, not retroactively.
How long does child support last in Delaware?
In most cases, Delaware child support obligations continue until the child turns 18. Support may be extended if the child is still attending high school (typically until age 19 or graduation, whichever comes first). If the child has a disability that prevents self-support, the obligation may continue indefinitely. Some states also allow support through college — check Delaware's specific statutes.
What if a parent doesn't pay child support in Delaware?
Delaware takes child support enforcement seriously. The state child support agency can pursue several remedies including automatic wage garnishment, interception of federal and state tax refunds, suspension of driver's and professional licenses, denial of passport applications, seizure of bank accounts, placement of liens on property, and contempt of court proceedings that can result in fines or incarceration. Unpaid child support also accrues interest in most cases.