Delaware Child Support

When parents don’t live together, the parent who takes care of the children most of the time (sometimes called the custodial parent) can file for child support against the other parent (the non-custodial parent). You can file for a child support order even if:

• you don’t have court-ordered custody;
• you are still legally married; or
• paternity hasn’t been established.

If paternity has not been established, you may be able or even required to establish it as part of the child support action. However, there can be pros and cons to establishing paternity, which you may want to discuss with a lawyer.

Depending on where you live, you can file for child support in court or through your state’s child support enforcement unit. Under some circumstances, your state may require you to file for child support through the child support enforcement unit. For example, if you or your child gets public assistance, many states will automatically file a child support case against the other parent. If you’re afraid that the other parent might harm you or your child if you file for child support, talk to your case worker right away. Some states will make an exception for domestic violence survivors, but they need to know as soon as possible so that they can stop the process before the abuser is notified.

The amount of child support that will be ordered is usually based on a mathematical formula that takes into account things like:

• how many children need support from that parent;
• how much money each parent makes;
• the children’s expenses; and
• various other factors.

You can usually find these “child support guidelines” on your state’s child support enforcement unit website.