by Child support laws in Delaware are designed to ensure that children receive consistent financial support from both parents, regardless of the parents’ marital or living status. In 2025, Delaware continues to follow the Melson Formula, a unique income-based model that considers both the parents’ ability to pay and the needs of the child.
The following guide outlines the most important aspects of Delaware’s child support laws as of 2025.
How Child Support Is Calculated in Delaware
Delaware uses the Melson Formula, which is more detailed than the standard income shares model used by most other states.
Key calculation factors include:
- Each parent’s net monthly income after taxes and allowable deductions
- A self-support reserve to ensure parents retain enough income for basic living expenses
- The primary support needs of the child, including housing, food, clothing, and health care
- The standard of living adjustment (SOLA), which allows the child to benefit from both parents’ higher incomes
The formula ensures both parents share financial responsibility in proportion to their earnings while also guaranteeing that the custodial parent has enough support to meet the child’s basic needs.
Minimum and Maximum Support Guidelines
Delaware courts ensure all children receive fair support, regardless of the parents’ income level.
- A minimum order may be issued even if the noncustodial parent has low income
- Courts have discretion to deviate from guideline amounts in cases of extraordinary needs or shared parenting arrangements
- In high-income cases, support may exceed the basic formula to reflect the child’s accustomed lifestyle
Child Support Duration
Child support in Delaware generally continues until:
- The child reaches age 18 and has graduated from high school
- Or until age 19 if still attending high school full-time
- In cases involving a child with special needs, support may continue into adulthood depending on the circumstances
Modifying a Child Support Order
A parent may request a modification of child support if there has been a substantial change in circumstances.
Reasons for modification may include:
- Change in income for either parent
- Increase in medical or educational expenses for the child
- Change in custody or parenting time
- Job loss, disability, or incarceration
Requests for modification must be submitted through the Delaware Family Court and must be supported by updated financial documentation.
Enforcement of Child Support
Delaware takes non-payment of child support seriously and employs several enforcement mechanisms to ensure compliance.
Enforcement tools include:
- Wage withholding (automatic garnishment from the paying parent’s paycheck)
- Seizure of tax refunds or lottery winnings
- Liens on bank accounts or property
- Suspension of driver’s, professional, or recreational licenses
- Reporting to credit bureaus
- Contempt of court proceedings, which may result in jail time
Custody and Child Support Are Separate
Paying or receiving child support does not automatically grant custody or visitation rights.
- Custody must be determined through a separate legal process
- Visitation cannot be withheld due to unpaid support, and support cannot be withheld due to denied visitation
Retroactive Support
Delaware may order retroactive child support dating back to the time the child support petition was filed or earlier if the noncustodial parent had not been providing support.
The amount depends on:
- The noncustodial parent’s income at the time
- The actual needs of the child
- Any voluntary support provided before the court order
Conclusion
Delaware’s child support system in 2025 continues to emphasize fairness, accountability, and the best interests of the child. The Melson Formula remains central to the process, ensuring both parents contribute based on their financial ability.
Understanding these laws can help both custodial and noncustodial parents navigate their responsibilities and protect their rights. Parents are encouraged to maintain accurate financial records, stay informed of changes in the law, and seek court approval for any modifications to existing orders.
