Child Support Lawyers in Dover, DE
Delaware Child Support Is The Law
Child support is a critical aspect of family law that ensures the financial well-being of children after the dissolution of a marriage or separation of parents. In Delaware, child support laws are designed to protect the best interests of the child and promote fairness in financial obligations.
Schmittinger & Rodriguez has decades of experience as family law and child support lawyers in Delaware. We understand the complexities of child support issues and are dedicated to helping our clients navigate the child support process involved to secure the appropriate support for their children, enforce an existing child support order, or seek a child support modification. Your legal needs will be addressed by compassionate and experienced child support lawyers who understand that this legal issue can be stressful and urgent to resolve.
What Is Child Support?
Child support is a court-ordered financial contribution made by one parent to the other parent or custodial guardian to help cover the expenses of raising a child or children. The purpose of child support is to ensure that both parents share the responsibility of providing for their children’s basic needs, including food, shelter, clothing, education, and medical care.
In Delaware, child support matters are governed by the Delaware Child Support Formula (also known as the Melson Formula), which considers various factors to calculate the appropriate amount of child support to be paid.
Some of the key factors considered in the formula include:
Each parent’s income: The court will assess the gross income of both parents, including wages, salaries, commissions, bonuses, and other sources of income.
Custodial arrangements: The amount of time the child spends with each parent (physical custody) will be taken into account to determine the level of financial responsibility for each parent.
Child-related expenses: The court considers additional costs related to childcare, health insurance premiums, and extraordinary medical expenses.
Other children: If either parent has children from previous relationships who are also receiving child support, the court will consider these obligations.
Childcare and medical expenses: The court may allocate a portion of childcare and health insurance expenses to each parent based on their income.
Once a child support order is established, the non-custodial parent is legally obligated to make regular child support payments to the custodial parent or the state’s child support agency, depending on the case’s circumstances. Failure to comply with a child support order can result in various enforcement measures, such as wage garnishment, suspension of driver’s licenses, and other legal consequences. It’s important to note that child support orders can be modified if there is a significant change in circumstances, such as a change in income or custodial arrangements.
Contact Schmittinger & Rodriguez
At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to deal with a family law matter. It can be traumatic and emotionally charged.
Our team has decades of combined experience handling family law issues. We have a deep understanding of Delaware law and will provide dedicated legal representation throughout your case. Our experienced attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has a family law matter, contact Schmittinger & Rodriguez today and let us help you through this difficult time. We will work hard to get you the justice, security, and peace of mind that you deserve.
What Our Clients Say
Most Common Questions
Types of Support
There are two main types of child support in Delaware: basic support and additional expenses.
Basic support
Includes costs related to the child’s shelter, food, clothing, and other necessities.
Additional expenses
May include childcare, medical expenses, educational expenses, and extracurricular activities.
The court considers these factors when determining the overall child support obligation. You and your Delaware child support lawyer will evaluate these factors and costs when seeking from the family court an order to pay support.
How Child Support Is Calculated
In Delaware, child support matters are governed by the Delaware Child Support Formula (also known as the Melson Formula). These child support guidelines consider various factors to calculate the appropriate amount of child support to be paid.
The three basic principles of the Melson formula are:
Parents are entitled to sufficient income to meet their basic needs;
Parents shouldn’t be permitted to retain more income than required to meet their basic needs; and
The child(ren) are entitled to share in any additional income and benefit from a noncustodial parent’s higher standard of living.
Child support is calculated based primarily on a parent’s net available income. A parent’s net available income is determined by taking the parent’s monthly gross income and subtracting taxes, other allowable deductions, and a self-support allowance. In most cases, there will be several factors your child support lawyer and the family court order will have to consider.
What Qualifies as Income?
The following qualify as income or income-related for purposes of determining child support arrangements:
Monthly gross income: A combination of the parents’ income including parent’s wages, such as salaries, commissions, bonuses, and other income. Other sources of income include those that are earned as an independent contractor, all unearned taxable income, and other income that isn’t subject to income tax.
Taxes: Both parents’ federal and state taxes are taken into account.
Other allowable deductions: Medical insurance, pensions, union dues, disability insurance, any court-ordered alimony payments to the other parent, and other allowable business expenses qualify as other allowable deductions.
Self-support allowance: The minimum amount of income necessary for a parent to remain productive in a workplace qualifies as a parent’s self-support allowance.
Calculating child support payments in any child support case can be complex. Depending on all the facts and circumstances, your child support attorney and possibly other financial experts will work to determine the proper child support amount you should be paid.
How Are Child Custody Cases Resolved in Delaware?
Child custody cases in Delaware can be complex and emotionally charged. When parents cannot come to an agreement on child custody and visitation arrangements, the family court will step in to make decisions based on the best interests of the child. Here are the steps involved in resolving custody cases in Delaware:
Mediation: In Delaware, parents are required to participate in mediation before a custody case can go to trial. During mediation, a neutral third-party mediator helps the parents reach a mutually acceptable agreement on custody and visitation.
Custody Evaluation: If mediation is unsuccessful, the court may order a custody evaluation. A custody evaluation typically involves interviews with the parents, children, and other relevant parties, as well as observations of the children with each parent. The evaluator will then make recommendations to the court on custody and visitation arrangements.
Trial: If mediation and a custody evaluation fail to produce a resolution, the case will go to trial. At trial, each parent will present evidence and arguments in support of their desired custody arrangement. The judge will then make a decision based on the best interests of the child.
Modification: Custody arrangements can be modified if there is a significant change in circumstances, such as a parent relocating or a child’s needs changing. The court will again consider the best interests of the child when making modifications to custody arrangements.
It is important to work with experienced family law attorneys when dealing with child custody cases. Our outstanding lawyers can help you navigate the legal process, protect your rights, and work toward a custody arrangement that is in the best interests of your child.
How Are Child Custody Cases Resolved in Delaware?
Child custody cases in Delaware can be complex and emotionally charged. When parents cannot come to an agreement on child custody and visitation arrangements, the family court will step in to make decisions based on the best interests of the child. Here are the steps involved in resolving custody cases in Delaware:
Mediation: In Delaware, parents are required to participate in mediation before a custody case can go to trial. During mediation, a neutral third-party mediator helps the parents reach a mutually acceptable agreement on custody and visitation.
Custody Evaluation: If mediation is unsuccessful, the court may order a custody evaluation. A custody evaluation typically involves interviews with the parents, children, and other relevant parties, as well as observations of the children with each parent. The evaluator will then make recommendations to the court on custody and visitation arrangements.
Trial: If mediation and a custody evaluation fail to produce a resolution, the case will go to trial. At trial, each parent will present evidence and arguments in support of their desired custody arrangement. The judge will then make a decision based on the best interests of the child.
Modification: Custody arrangements can be modified if there is a significant change in circumstances, such as a parent relocating or a child’s needs changing. The court will again consider the best interests of the child when making modifications to custody arrangements.
It is important to work with experienced family law attorneys when dealing with child custody cases. Our outstanding lawyers can help you navigate the legal process, protect your rights, and work toward a custody arrangement that is in the best interests of your child.
How Are Child Custody Cases Resolved in Delaware?
Child custody cases in Delaware can be complex and emotionally charged. When parents cannot come to an agreement on child custody and visitation arrangements, the family court will step in to make decisions based on the best interests of the child. Here are the steps involved in resolving custody cases in Delaware:
Mediation: In Delaware, parents are required to participate in mediation before a custody case can go to trial. During mediation, a neutral third-party mediator helps the parents reach a mutually acceptable agreement on custody and visitation.
Custody Evaluation: If mediation is unsuccessful, the court may order a custody evaluation. A custody evaluation typically involves interviews with the parents, children, and other relevant parties, as well as observations of the children with each parent. The evaluator will then make recommendations to the court on custody and visitation arrangements.
Trial: If mediation and a custody evaluation fail to produce a resolution, the case will go to trial. At trial, each parent will present evidence and arguments in support of their desired custody arrangement. The judge will then make a decision based on the best interests of the child.
Modification: Custody arrangements can be modified if there is a significant change in circumstances, such as a parent relocating or a child’s needs changing. The court will again consider the best interests of the child when making modifications to custody arrangements.
It is important to work with experienced family law attorneys when dealing with child custody cases. Our outstanding lawyers can help you navigate the legal process, protect your rights, and work toward a custody arrangement that is in the best interests of your child.
Why Schmittinger & Rodriguez Is Right For You
At Schmittinger & Rodriguez, we understand how difficult and stressful this legal process can be. Our experienced DE child support lawyers are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has a child support issue, contact Schmittinger & Rodriguez today for a free consultation so that we can help you obtain justice and fair compensation for your losses. YOUR CASE. OUR PRIORITY.
Family & Domestic FAQs
If the noncustodial parent fails to pay child support as ordered, there are enforcement mechanisms in place to ensure compliance. These can include wage garnishment, interception of tax refunds, suspension of driver's licenses or professional licenses, and other legal actions to collect past-due child support.
In Delaware, child support generally continues until the child turns 18 or graduates from high school, whichever occurs later. However, if the child has special needs or requires ongoing support, child support may continue beyond these milestones
Generally, child support modifications are effective from the date the modification request is filed, not retroactively. However, the court may consider the circumstances leading up to the modification request when making a decision.
Yes, child support orders can be enforced across state lines through the Uniform Interstate Family Support Act (UIFSA). This allows for cooperation and enforcement between different states to ensure child support obligations are met.
Yes, you can seek child support even if the other parent lives in a different state. Through the UIFSA, the court can establish and enforce child support orders across state lines.