Delaware Child Support Attorneys

Most Delaware parents know they are legally responsible for financially supporting their children until they turn 18. However, financial obligations do not always end at 18, such as when a child is still in high school.

Because Delaware laws governing child support can be confusing, it is always best to hire a knowledgeable attorney to review your case and determine your legal responsibilities and options.

Our highly-trained child support attorneys have extensive experience helping clients with their child support needs and will work diligently to protect your legal rights. Whether you are seeking a child support order or need help with other support-related legal issues, contact Abram, Gulab & Hutchison to schedule a free initial consultation.

What are the Legal Advantages of Hiring a Delaware Child Support Lawyer?

When dealing with a child support issue, it is always in your best interests to hire an experienced lawyer to assist you. Child support lawyers are familiar with the various nuances of family law and know what it takes to help clients get results.

Some of the most considerable advantages of hiring a child support lawyer include:

Familiarity with Delaware child support guidelines: A child support lawyer can provide insight into the formula used to calculate payments and how that will affect you
Thorough understanding of state laws: Child support lawyers are familiar with how issues such as domestic violence, child custody, alimony, and property division can affect child support payments
Enforcement procedures: A child support attorney can explain how child support orders are enforced and how failure to comply can affect clients
Understanding of legal procedures: Child support attorneys are familiar with the various legal procedures that accompany negotiating a settlement or having to appear in court

If you are still trying to determine the benefits of hiring a child support attorney, contact our law offices to schedule a meeting so we may answer your questions.

How is Child Support Calculated in Delaware?

Delaware child support payments are calculated using a mathematical formula based on the parent’s income and the child’s needs. Known as the Delaware Child Support Formula, this mathematical system is applied to every case to ensure that the child support order adequately provides for the child’s needs and is fair to both parents.

Some of the factors that are used to calculate child support include:

All income and earnings from both parents, including salaries, commissions, pensions, alimony, unemployment benefits, self-employment income, and income earned from investments
The number of children that require support
The costs of the child’s healthcare and those associated with disability insurance
Daycare and education expenses
How much time the child spends with each parent in annual overnight visits as outlined in a child custody order
Whether the child has special needs
The ability of the custodial and non-custodial parent to pay child support, including a living adjustment or self-support allowance

Finally, if one parent is not married but lives with a partner, the partner’s income is also considered when determining child support payments. However, obtaining a child support modification can be challenging without the help of a skilled attorney.

Can Child Support Orders Be Modified?

Delaware child support orders can be modified if there has been a substantial change of circumstances that would warrant a change. The first step to try and have a child support order modified is to file a petition in Delaware Family Court. However, a petition may only be filed if it has been at least two and half years since the last child support order, and any substantial change in circumstances cannot be attributed to the petitioner’s willful conduct.

A substantial change of circumstances may include:

A significant change in one parent’s income or employment
A change in the child’s needs
A change in health insurance coverage
A change in child custody

If the court finds that there has been a substantial change, it may order a child support order modification. However, obtaining a modification without the help of an attorney can be challenging. If you believe that your situation may qualify for a child support modification, contact Abram, Gulab & Hutchison immediately so that we may review your case.

What Happens if a Parent is Behind on Child Support?

If a parent falls behind on child support, they can suffer several consequences that can negatively impact their lives. Delaware’s Division of Child Support Service (DCSS) has legal authority to collect delinquent child support payments.

Some of the most common consequences individuals experience who are in arrears include:

Income withholding: DCSS can order that employers deduct child support payments from the parent who is in arrears
Tax intercept: Parents who are behind on child support payments may have their state and federal tax refunds intercepted to pay past obligations
License suspension: Individuals who fall behind on child support payments are at risk of their driver’s license being suspended along with hunting and fishing licenses
Contempt of court order: One of the most severe consequences of falling behind on child support payments is the risk of being held in contempt of court, which could result in them being sentenced to jail time or fines

Due to the severe consequences that can occur when child support payments are in arrears, it is important to speak with an attorney immediately so they can explain what legal options are available. Depending on the situation, an attorney may be able to request that their client be able to attend mediation or request a modification or payment plan that can help avoid license suspensions or being sentenced to time in jail.

Can a Parent Withhold Visitation Because Child Support Has Not Been Paid?

Many parents are under the mistaken impression that they can withhold visitation if the other parent has not paid or is in arrears on child support payments. However, Delaware law prohibits parents from withholding visitation due to past due or late child support.

Delaware family law makes specific legal distinctions between child support and visitation. Delaware family courts encourage parents to frequently visit their children to ensure they develop healthy relationships with one another.

However, family court judges do have the legal authority to limit or visitation if they determine that interaction between a parent and child could negatively impact a child’s safety or mental health.

If you are a parent who has been denied your legal visitation rights because you owe back child support, contact a family law attorney who can provide you with skilled legal representation.

When is Child Support Terminated?

Delaware law stipulates that current child support payments may be terminated once a child reaches the age of 18. If a child over 18 is still enrolled in high school, a child support order will remain in effect until they receive their high school diploma or reach the age of 19, depending on which event comes first.

However, depending on the case facts, if a child has special needs, the child support order may remain in effect regardless of the individual reaching age 18. In other instances. a parent may be released from their child support obligations if child custody is transferred to them from the other parent.

Finally, a child support order will be terminated if all past-due payments are paid.

You must understand when your child support order will end so you do not inadvertently go into arrears, which can lead to legal consequences.

If you have questions about child support termination or have a child with special needs that could potentially prolong your payments, contact Abram, Gulab & Hutchison at our Delaware law offices to schedule an appointment.

Why Should I Choose Your Child Support Attorney to Represent Me in a Child Support Matter?

Abram, Gulab, & Hutchison understand that dealing with legal issues related to child support can be overwhelming. We know that parents want to provide for their children’s needs, but often, child support legal issues require immediate legal attention.

Our child support attorneys have in-depth experience helping clients handle complex child support issues. Our attorneys understand that clients dealing with legal issues want fast resolutions so they can resume their lives and enjoy time with their children.

Our attorneys are committed to providing clients with quality legal representation in court to protect their rights. Whether you are seeking modification or need help obtaining a child support order, our family law attorneys know what it takes to help clients obtain favorable outcomes.

Contact Abram, Gulab & Hutchison at 302-405-7010 to schedule a free, no-obligation consultation with an experienced child support attorney who will gladly answer your questions and determine your legal options.