Title 13, Domestic Relations

§ 6-208. Child-support orders for 2 or more obligees. In responding to registrations or petitions for enforcement of 2 or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least 1 of which was issued by a tr…

§ 6-209. Credit for payments. A tribunal of this State shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of…

§ 6-210. Application of this chapter to nonresident subject to personal jurisdiction. A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this State relating to a support order, or recognizing a forei…

§ 6-211. Continuing, exclusive jurisdiction to modify spousal-support order. (a) A tribunal of this State issuing a spousal-support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of t…

§ 6-301. Proceedings under this chapter. (a) Except as otherwise provided in this chapter, the provisions of this subchapter apply to all proceedings under this chapter. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this c…

§ 6-302. Proceeding by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1;

§ 6-303. Application of law of State. Except as otherwise provided in this chapter, a responding tribunal of this State shall: (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this State and may exercise all powers and provid…

§ 6-304. Duties of initiating tribunal. (a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this State shall forward the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the re…

§ 6-305. Duties and powers of responding tribunal. (a) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to § 6-301(b) of this title, it shall cause the petition or pleading to be filed and notify …

§ 6-306. Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this State, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this State or another state and notify the petitioner whe…

§ 6-307. Duties of support enforcement agency. (a) In a proceeding under this chapter, a support enforcement agency of this State, upon request: (1) Shall provide services to a petitioner residing in a state; (2) Shall provide services to a petitioner requesting services through …

§ 6-308. Duty of state official or agency. (a) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this chapter or may provide …

§ 6-309. Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1;

§ 6-310. Duties of state information agency. (a) The Division of Child Support Services is the state information agency under this chapter. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this State which h…

§ 6-311. Pleadings and accompanying documents. (a) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a p…

§ 6-312. Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be…

§ 6-313. Costs and fees. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other r…

§ 6-314. Limited immunity of petitioner. (a) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdictio…

§ 6-315. Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1;

§ 6-316. Special rules of evidence and procedure. (a) The physical presence of a nonresident party who is an individual in a tribunal of this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining pa…

§ 6-317. Communications between tribunals. A tribunal of this State may communicate with a tribunal outside this State in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that…

§ 6-318. Assistance with discovery. A tribunal of this State may: (1) Request a tribunal outside this State to assist in obtaining discovery; and (2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this Sta…

§ 6-319. Receipt and disbursement of payments. (a) A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of …

§ 6-401. Establishment of support order [Effective until Dec. 6, 2026]. (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if: (1) The ind…

§ 6-402. Proceeding to determine parentage. A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this ch…

§ 6-501. Employer’s receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under the income-withhol…

§ 6-502. Employer’s compliance with income-withholding order of another state. (a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in …

§ 6-503. Employer’s compliance with 2 or more income-withholding orders. If an obligor’s employer receives 2 or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of…

§ 6-504. Immunity from civil liability. An employer that complies with an income-withholding order issued in another state in accordance with this subchapter is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support fr…

§ 6-505. Penalties for noncompliance. An employer that wilfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this …

§ 6-506. Contest by obligor. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as…

§ 6-507. Administrative enforcement of orders. (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a s…

§ 6-601. Registration of order for enforcement. A support order or income-withholding order issued in another state or a foreign support order may be registered in this State for enforcement.69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1; 80 Del. Laws, c. 60, § 6;

§ 6-602. Procedure to register order for enforcement. (a) Except as otherwise provided in § 6-706 of this title, a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending, either physically or electronically…

§ 6-603. Effect of registration for enforcement. (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this State. (b) A registered support order issued in another st…

§ 6-604. Choice of law. (a) Except as otherwise provided in subsection (d) of this section, the law of the issuing state or foreign country governs: (1) The nature, extent, amount, and duration of current payments under a registered support order; (2) The computation and payment …

§ 6-605. Notice of registration of order. (a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this State shall notify the nonregistering party. The notice must be accompanied by a copy …

§ 6-606. Procedure to contest validity or enforcement of registered support order. (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this State shall request a hearing within the time required by § 6-605 of this title. The …

§ 6-607. Contest of registration or enforcement. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisd…

§ 6-608. Confirmed order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.69 Del. Laws, c. 238, § 1; 75…

§ 6-609. Procedure to register child-support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this State in the same manner provid…

§ 6-610. Effect of registration for modification. A tribunal of this State may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered support order …

§ 6-611. Modification of child-support order of another state. (a) If § 6-613 of this title does not apply, upon petition a tribunal of this State may modify a child-support order issued in another state which is registered in this State if, after notice and hearing, the tribunal…

§ 6-612. Recognition of order modified in another state. If a child-support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State: (1) May enfo…

§ 6-613. Jurisdiction to modify child-support order of another state when individual parties reside in this State. (a) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to e…

§ 6-614. Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earli…