Title 13 — Domestic Relations
21 chapters · 106 sections in this title.
13 Del. C. § 401. Purpose and construction; definitions; remedies additional to existing remedies.
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§ 401. Purpose and construction; definitions; remedies additional to existing remedies. (a) The purpose of this chapter is to enhance the enforcement of support obligations by providing a quick and effective procedure for the withholding of income derived in this jurisdiction to …
13 Del. C. § 402. Initiation of income withholding; cooperation with other jurisdictions.
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§ 402. Initiation of income withholding; cooperation with other jurisdictions. On behalf of any client for whom the Division of Child Support Services is already providing services, or on application of a resident of this State, an obligee or obligor of a support order issued by …
13 Del. C. § 403. Entry of support order of another jurisdiction for income withholding.
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§ 403. Entry of support order of another jurisdiction for income withholding. (a) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (b) of this section from an agency of another jurisdiction, the Division of Child Support Servic…
13 Del. C. § 404. Notice of proposed income withholding to obligor.
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§ 404. Notice of proposed income withholding to obligor. (a) Upon the commencement of the income withholding, the obligor shall be notified that the withholding has commenced and of the procedures to follow if the obligor desires to contest such withholding on the grounds that th…
13 Del. C. § 405. Income withholding hearing.
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§ 405. Income withholding hearing. (a) At any hearing contesting proposed income withholding based on a support order entered under § 403 of this title, the entered order, accompanying sworn or certified statement, and a certified copy of an income withholding order, if any, stil…
13 Del. C. § 406. Income withholding order.
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§ 406. Income withholding order. If the obligor does not request a hearing in the time provided, or if a hearing is held and it is determined that the obligee has or is entitled to income withholding under the local law of the jurisdiction which issued the support order, the cour…
13 Del. C. § 407. Applicable enforcement provisions.
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§ 407. Applicable enforcement provisions. The provisions of § 513(b)(6) through (11) of this title apply to income withholding based on a support order of another jurisdiction entered under this chapter.65 Del. Laws, c. 115, § 1;
13 Del. C. § 408. Distribution of collected support payments.
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§ 408. Distribution of collected support payments. (a) The income withholding order shall direct payment to be made to the state disbursement unit. The state disbursement unit shall promptly transmit payments received pursuant to an income withholding order based on a support ord…
13 Del. C. § 409. Changes in original order or jurisdiction.
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§ 409. Changes in original order or jurisdiction. (a) The court, upon receiving a certified copy of any amendment or modification to a support order entered pursuant to § 403 of this title, shall amend or modify the income withholding order to conform to the modified support orde…
13 Del. C. § 410. Voluntary income withholding.
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§ 410. Voluntary income withholding. Any person who is the obligor on a support order of another jurisdiction may obtain voluntary income withholding by filing with the court a request for such withholding and a certified copy of the support order of a sister state. The court sha…
13 Del. C. § 411. Choice of law.
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§ 411. Choice of law. (a) The law of this State shall apply in all actions and proceedings concerning the issuance, enforcement and duration of income withholding orders issued by a court of this State, which is based upon a support order of another jurisdiction entered pursuant …
13 Del. C. § 412. Employer liability.
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§ 412. Employer liability. An employer who complies with an income withholding notice that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with the notice.71 Del. Laws, c. 216, § 27;