The Division of Child Support Services files petitions in the Family Court of the State of Delaware for child support, modification of support orders, and enforcement of support orders.
Family Court will accept a petition for modification if it has been two-and-a-half years or more since the last child support order. No petition for modification may be filed within two-and-a-half years, unless there has been a substantial change in circumstances.
When a petition for modification is filed, it is assigned first to mediation. If an agreement cannot be reached, a hearing will be scheduled before a Family Court Commissioner. The order will be modified based on the Delaware Child Support Formula Calculation. There will be no modification of an order filed within two-and-a-half years, unless the calculation indicates a change (upward or downward) of 10% or greater.
If a parent does not pay child support as ordered, and a petition for enforcement of the order is filed, a mediation conference will be scheduled. If a second or any subsequent enforcement petitions are filed, they will be assigned to a Family Court Commissioner or Judge.