How to Calculate Child Support Payments in Delaware

Unlike many other states, Delaware does not provide an official, online calculator for child support. But the state does provide a child support calculator in the form of a downloadable Excel worksheet that will automatically do the calculations for you once you’ve filled in your information (as long as you have Adobe PDF Reader installed on your computer or other device). This will be the same worksheet that you’ll submit with your application for child support (more on that below).

Here’s what you need to get started and understand the process.

How to Use the Delaware Child Support Calculator/Worksheet

Before you can calculate child support, you’ll need to know what your physical custody arrangements will be, including the number of overnights that your child or children will spend with each parent. That’s because Delaware’s child support formula includes a parenting time credit when one parent has a child for 80-163 overnights a year. The worksheet also calculates support in cases of roughly equal shared parenting—meaning that each parent has a child for at least 164 overnights a year. (In that situation, you would mark “.5” per child in the boxes for each parent.)

If you’re still negotiating custody, you might try multiple calculations under different scenarios to see the effect of potential parenting schedules on child support.

Also, you’ll need to have some basic financial information on hand before filling in the worksheet, including both parents’ income, retirement contributions (up to 5% of gross income), mandatory union dues, your costs for health insurance and disability insurance premiums, and your expenses for work-related child care. The child support formula instructions (in the same link for the calculator, above) explain what is and is not included in income, as well as the rules on when the calculation may be based on a parent’s earning capacity rather that actual income.

When Child Support May Be Different Than the Guideline Calculation

Delaware presumes that the amount calculated under the formula is appropriate, but a judge may allow a different amount in certain situations.

• If you and the other parent have agreed on a different amount, you’ll need to include the worksheet showing the formula calculation. Be aware that the judge may decide not to accept your agreement if it’s clearly not in your children’s best interests.
• When one of you is seeking a deviation from the formula, you’ll need to provide evidence demonstrating that the result of the formula calculation is not in your children’s best interests or is unfair to you.

(Del. Fam. Ct. Rules Civ. Proc., rule 500 (2024).)

How to Apply for Child Support in Delaware

Typically, you'll apply for child support as part of the process of filing for divorce in Delaware. You'll include your completed child support worksheet along with the other divorce papers.

Outside of the divorce context, you may get help with requesting support by applying for child support services from the Delaware Division of Child Support Services (DCSS). If needed, the DCSS may also help with establishing the child’s legal paternity/parentage and locating absent parents.

How to Collect Child Support in Delaware

The Delaware DCSS is responsible for collecting child support payments and forwarding them to the parents who are owed support. Typically, employed parents pay support through an income withholding order. That way, the payments are automatically taken out of the parent’s paychecks. Without income withholding, the DCSS offers various payment methods, including online or at various TouchPay kiosks.

If you're having trouble collecting child support, the DCSS can also help enforce your support order. Depending on how much the other parent owes, the agency has several ways of enforcing child support, including reporting the debt to credit bureaus, intercepting income tax refunds, withholding unemployment compensation, and suspending the parent’s driver’s, occupational, or recreational licenses.

How to Change the Amount of Child Support

Either parent may request a modification in the amount of child support they’re currently paying or receiving. The rules for modifications are different, depending on when the existing order was issued or last modified:

• If it’s been less than 30 months (two and a half years), you’ll need to demonstrate that there has been a change of circumstances that wasn’t a result of your voluntary or wrongful conduct (except when you’ve been incarcerated for more than 180 days or you’ve been trying to maximize your earnings more than six months after a voluntary loss of income). Even with a demonstrated change of circumstances, a judge won’t allow a modification unless a new calculation under the formula results in more than a 10% change in the amount of support.
• If it’s been 30 months or more, you won’t need to meet the 10% threshold or show a change of circumstances to file a petition for a modification.

(Del. Fam. Ct. Rules Civ. Proc., rule 508 (2024).)

Unless both parents have agreed to a modified amount of child support, the court will assign your case to mediation with a family court mediator after you’ve filed a modification petition. (Del. Fam. Ct. Rules Civ. Proc., rule 16.1 (2024).)

If you aren't able to reach an agreement through mediation, you should consider speaking with a family law attorney who can help you navigate the modification process in court.