The Family Court has updated the Delaware Child Support Formula and related Rules. Some of the notable changes, which became effective on January 1, 2015, are:
- Minimum income – The minimum income attributable to a parent is $1,430 per month. This reflects 40 hours of work per week at minimum wage, or $8.25 per hour.
- Out-of-pocket medical expenses – The prior practice, which required the parent receiving support to pay the first $350 of out-of-pocket medical expenses per year, will no longer apply. Parents will share out-of-pocket expenses pursuant to their respective percentage share of the total net available income.
- Income from a second job – Whether income from a second job may be included in a child support calculation will be determined on a case-by-case basis. "Second job income is more likely to be included if it has been historically earned, raises the standard of living of the parent, or is necessary to meet the minimum needs of the child. It is more likely to be excluded if it merely allows the parent to make ends meet, is used to pay extraordinary medical or educational expenses, is necessitated by the nonpayment of support, or substantially conflicts with visitation. Fluctuations in income or that wage income may exceed 40 hours per week is not a basis for exclusion. The Court must determine average monthly income likely to prospectively recur. Previously earned second job income and overtime will not be considered if it is no longer earned, has been over 2½ years since the last determination of current support, and income from primary employment is consistent with reasonable earning capacity.
- The fact that the Formula was updated does not constitute a change of circumstances for modification purposes.
To assist litigants, Family Court has revised the Instructions for child support. If you have a child support proceeding on your calendar, understanding these any all the other changes will be helpful. The revised Instructions may be found here. The child support calculator may be found here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.