Military Deployment/ Activation Update
Wage Attachment Transfer:
- Question: I have a child support wage attachment at my full time
civilian job. How can I make sure that my child support continues to be deducted from my paycheck once
I am on active duty?
Answer: Call the DCSE Customer Service Unit to have your wage attachment transferred to DFAS.
Review and Modification:
- Question: I have a full time civilian job. What can I do if I earn
less money on active duty?
Answer: If you earn less income when you are called for active-duty, you can request to have your child support order changed. - Question: How do I have my child support court order changed?
Answer: If you have a Delaware order, you should fill out a Petition for Support Modification and file it with the proper court that handles your case .
The Court needs to know your anticipated dates of deployment, rank and years in service, current civilian income, and whether your employer will provide any compensation and benefits during your deployment. Documentation such as military orders, LES statements, civilian paystubs and letters from employers will make it more likely that the Court will be able to provide appropriate relief. To help ensure that your petition is given highest priority, write "Guard/Reserve" in the upper right hand corner of your petition. - Question: What will happen if I am deployed before my child support
case is heard at Family Court?
Answer: If your deployment is imminent, you should file a Motion for Interim Financial Relief in conjunction with your Petition for Support Modification. A Family Court Commissioner will review the motion and may, with or without a hearing, issue a temporary modification until you return to your civilian job. It is imperative that a copy of the Petition for Support Modification be sent by certified mail to the opposing party's last known mailing address. If your request is not granted prior to your deployment, the Court will then be able to grant retroactive relief if warranted upon your return. - Question: How can I file for a Support Modification after I am deployed?
Answer: If you determine that you need to file a Petition for Support Modification after you are deployed, confer with your JAG Officer for general filing information. - Question: If I file a Petition for Support Modification, will my
child support automatically be reduced?
Answer: No. A review may result in an upward or downward modification, or may indicate that no change is warranted at this time. - Question: Who do I call if I need help completing the Petition for
Support Modification?
Answer: If you have a Delaware child support order contact the Family Court.* If your child support order is from another State, contact that Court.
Paternity Establishment:
- Question: How can I establish paternity?
Answer: The Delaware Voluntary Acknowledgement of Paternity program enables unmarried parents to establish paternity outside of Court as long as the child was born in Delaware. Other States have similar Voluntary Acknowledgement of Paternity Programs too.
Only the biological father should sign the Acknowledgement of Paternity. If you are not sure who the biological father is, do not sign the Acknowledgement. You should have a paternity test, sometimes called a genetic test. For more information about the test you may contact:- the Division of Child Support Enforcement, or
- your attorney or a physician.
- Question: Why should I establish paternity before I am deployed?
Answer: Establishing paternity gives a child born out- of-wedlock the same right to benefits as children of married parents. These include death benefits. For example, if the father dies, the child could qualify for social security benefits, veteran's benefits, life insurance, pension and inheritance rights. Many people don't realize this but, unless legal paternity has been established, a child may not be able to claim these benefits from his/her father. - Question: Do both of us have to be in Delaware to sign the Acknowledgement
of Paternity?
Answer: No. The Acknowledgment can be mailed to a parent anywhere to be signed. For example, if the father lives in another state, the form can be mailed to him. If he decides to sign it, he must sign it in front of a notary public and mail it back. After both parents have signed the Acknowledgement of Paternity, the completed form can be sent to the Delaware Office of Vital Statistics .
- Question: Is there a fee to sign the Acknowledgement?
Answer: No. There is no fee to sign the Acknowledgement or to send it to the Office of Vital Statistics. There is a small fee to get a new copy of your child's birth certificate.
Also, the Acknowledgement form must be notarized. If parents come to their local Division of Child Support Enforcement office to have the Acknowledgement form notarized, there is no fee. Some notaries outside of the Division of Child Support Enforcement may charge a small fee for their notary service. - Question: Who do I call if I have questions about establishing paternity?
Answer: For more information about the Acknowledgement of Paternity program or about child support services, you may contact your local Division of Child Support Enforcement office .
