As you and your ex continue to coparent your children over the years, your child support payments do not stay static. Delaware law recognizes that as life changes, your financial obligations need an adjustment as well.
The state family courts provide a formal process for you to request a modification. Understanding the specific guidelines is the first step toward ensuring your support order remains fair and accurate.
How child support is computed
Delaware uses the Melson formula to take into account the parents’ incomes and basic needs of the child to come up with an amount. Any modification request will involve a re-estimate using this formula to ensure fair payments and adequate support for children.
When you can request a modification
In Delaware, there are two primary pathways to change an existing support order in family court. One is the two-year rule where either parent can request a biennial review of the child support order without needing to show a specific change in circumstances.
If it has been less than two years, you must prove a consideration shift occurred to modify your child support, including:
- Fluctuations in health insurance costs or availability
- Increase or decrease in either parent’s income
- Shifts in childcare expenses
- Changes in child’s living arrangements or visitation schedule
Generally, the court cannot change your support payments retroactively. The modification usually only applies back to the filing date of the petition, not the date your income changed.
The filing process
Initiating the change begins with filing a Petition for Modification of Child Support in the county family court where the original order was issued. Make sure to include the required paperwork with your petition, like your updated financial information and most recent pay stubs.
After paying the fee, your modification case is first sent to a court-mandated mediation. This is to see if you can both come to an agreement before appearing before a Commissioner or Judge. If the mediation does not work, your case proceeds to a family court hearing.
Guiding you through life changes
If your financial situation or your child’s needs have shifted significantly, filing a modification request immediately can ensure the support order reflects your current reality. A lawyer can help you prepare the needed paperwork and present your petition effectively to the court.
