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Delaware Statutes, Title 13

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Delaware/Statutes

← All Delaware coverage

Title 13, Domestic Relations

21 chapters · 559 sections in this title.

All chapters in Title 13559 Ch 8, Uniform Parentage Act [Effective unt…117 Ch 6, UNIFORM INTERSTATE FAMILY SUPPORT ACT78 Ch 9, ADOPTION43 Ch 23, GUARDIANSHIP OF A CHILD40 Ch 19, UNIFORM CHILD CUSTODY JURISDICTION A…36 Ch 1, MARRIAGE30 Ch 7, PARENTS AND CHILDREN23 Ch 15, Divorce and Annulment23 Ch 22, Division of Child Support Services22 Ch 5, DESERTION AND SUPPORT20 Ch 7a, CHILD PROTECTION FROM DOMESTIC VIOLE…19 Ch 11, Termination and Transfer of Parental…19 Ch 2, Civil Unions18 Ch 25, DSCYF CUSTODY18

559 sections·Filtered byTitle 13✕

13 Del. C. § 313. Married woman as executrix or administratrix; participation and liability of husband.
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§ 313. Married woman as executrix or administratrix; participation and liability of husband. Any executrix or administratrix, being a married woman, may act in such representative capacity as though she was a femme sole, and the fact of marriage shall not give her husband any rig…
13 Del. C. § 314. Debts of married women; judgment.
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§ 314. Debts of married women; judgment. All debts contracted before marriage by the wife, or by her authority after marriage, shall be a charge on her real and personal property and a judgment therefor may be recovered against her in her name.14 Del. Laws, c. 550, § 2; Code 1915…
13 Del. C. § 321. Definitions.
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§ 321. Definitions. As used in this subchapter: (1) “Premarital agreement” shall mean an agreement between prospective spouses made in contemplation of marriage, and which is effective upon marriage. (2) “Property” shall mean an interest, present or future, legal or equitable, ve…
13 Del. C. § 322. Formalities.
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§ 322. Formalities. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.70 Del. Laws, c. 462, § 2;

13 Del. C. § 323. Content.

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§ 323. Content. (a) Parties to a premarital agreement may contract with respect to: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) The right to buy, sell, use, transfer, exchang…

13 Del. C. § 324. Effect of marriage.

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§ 324. Effect of marriage. A premarital agreement becomes effective upon marriage.70 Del. Laws, c. 462, § 2;

13 Del. C. § 325. Amendment or revocation.

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§ 325. Amendment or revocation. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. Such amended agreement or revocation is enforceable without consideration.70 Del. Laws, c. 462, § 2;

13 Del. C. § 326. Enforcement.

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§ 326. Enforcement. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) Such party did not execute the agreement voluntarily; or (2) The agreement was unconscionable when it was executed and, before execution of the agree…

13 Del. C. § 327. Enforcement; void marriage.

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§ 327. Enforcement; void marriage. If a new marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.70 Del. Laws, c. 462, § 2;

13 Del. C. § 328. Limitation of actions.

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§ 328. Limitation of actions. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the time that the parties to the agreement are married. However, equitable defenses limiting the time for enforcement, inclu…

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;

13 Del. C. § 501. Duty to support minor child; duty to support child over 18 years of age.

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§ 501. Duty to support minor child; duty to support child over 18 years of age. (a) The duty to support a child under the age of 18 years, whether born in or out of wedlock, rests primarily upon the child’s parents. (b) Where the parents are unable to provide a minor child’s mini…

13 Del. C. § 502. Duty to support spouse.

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§ 502. Duty to support spouse. The duty to support a spouse rests upon the other spouse.Code 1852, §§ 850-853, 1468, 1472; 26 Del. Laws, c. 137; 27 Del. Laws, c. 262, § 13; Code 1915, §§ 1463, 3033, 3061; 37 Del. Laws, c. 189, § 8; Code 1935, §§ 1634, 3526, 3548; 13 Del. C. 1953,…

13 Del. C. § 503. Duty to support a person unable to financially support oneself.

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§ 503. Duty to support a person unable to financially support oneself. (a) Except as expressly provided in § § 501 and 502 of this title, the duty to support a person unable to financially support oneself rests upon the spouse, parents, or children, in that order, subject to § 50…

13 Del. C. § 504. Duty to support woman with child conceived out of wedlock.

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§ 504. Duty to support woman with child conceived out of wedlock. The duty to support a woman pregnant with child conceived out of wedlock rests first upon the person by whom she became pregnant. Such support may include her necessary prenatal and postnatal medical, hospital, and…

13 Del. C. § 505. Priority among dependents.

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§ 505. Priority among dependents. (a) The duties of support specified in §§ 501 through 504 of this title shall be performed according to the following order of priority: (1) Duty to support one’s own minor child; (2) Duty to support a spouse; (3) Duty to support a woman pregnant…

13 Del. C. § 506. Failure to support for just cause.

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§ 506. Failure to support for just cause. No person shall be required to support another while there is just cause for failing or refusing to do so.59 Del. Laws, c. 567, § 1; 70 Del. Laws, c. 186, § 1;

13 Del. C. § 507. Jurisdiction in Family Court; termination of Chancery Court jurisdiction.

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§ 507. Jurisdiction in Family Court; termination of Chancery Court jurisdiction. (a) The Family Court of the State shall have exclusive original jurisdiction over all actions arising under this chapter. The Court shall have exclusive jurisdiction over the construction, reformatio…

13 Del. C. § 508. Jurisdiction in Family Court; enforcement of support orders entered by Superior Court.

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§ 508. Jurisdiction in Family Court; enforcement of support orders entered by Superior Court. The Family Court of this State has the power to enforce any support order entered by the Superior Court pursuant to Chapter 15 of this title and to modify or terminate the support obliga…

13 Del. C. § 509. Definitions.

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§ 509. Definitions. Unless a different meaning is plainly required by the context, words and phrases used in this chapter shall have the same meaning as those defined in § 401(b) of this title. For the purposes of this chapter, the term “business day” means a day on which state o…

13 Del. C. § 511. Commencement of actions; obtaining jurisdiction over respondent.

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§ 511. Commencement of actions; obtaining jurisdiction over respondent. (a) Proceedings may be instituted in accordance with rules adopted by the Court, or upon a petition in which the petitioner alleges that defendant owes petitioner a duty of support and has refused or failed t…

13 Del. C. § 512. Interim order.

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§ 512. Interim order. (a) At any time before trial upon petition of the complainant and upon notice to the defendant, the Court shall conduct a hearing and thereafter may enter such interim order, pending final judgment, as seems just, for the support of any dependent for whom su…

13 Del. C. § 513. Judgment; order of support; other terms.

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§ 513. Judgment; order of support; other terms. (a) Where the duty of support has been determined to exist, the court may: (1) Order the defendant to pay a certain sum periodically into the Division of Child Support Services or directly to a resident parent, dependent, dependent’…

13 Del. C. § 514. Determination of amount of support.

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§ 514. Determination of amount of support. In determining the amount of support due to one to whom the duty of support has been found to be owing, the court, among other things, shall consider: (1) The health, relative economic condition, financial circumstance, income, including…

13 Del. C. § 515. Procedural rights of parties.

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§ 515. Procedural rights of parties. (a) All parties to a civil action brought pursuant to this chapter shall possess all procedural rights which such parties would have heretofore possessed in an action for support or separate maintenance in the Court of Chancery of the State, i…

13 Del. C. § 516. Violation of support order for spouse or child; proceedings; contempt; assignment of income; employer’s duties.

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§ 516. Violation of support order for spouse or child; proceedings; contempt; assignment of income; employer’s duties. (a) If the Court, after notice to defendant and a hearing on a rule to show cause, concludes that the defendant has violated the terms of an order of support for…

13 Del. C. § 517. Termination of child support.

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§ 517. Termination of child support. (a) An order of current child support entered by this Court or a court of competent jurisdiction in this State shall terminate by operation of law when all minor children subject to said order have reached 18 years; provided, however, that if …

13 Del. C. § 518. Accounting.

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§ 518. Accounting. A person who receives funds from another person for the support of a child in that person’s care is a fiduciary with respect to such funds and may be ordered by the Court to account for the expenditure and management of such funds on application by any payer of…

13 Del. C. § 519. Child support liens.

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§ 519. Child support liens. Repealed by 71 Del. Laws, c. 216, § 160, effective July 25, 1997.

13 Del. C. § 520. Drivers’, professional, occupational and business licenses.

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§ 520. Drivers’, professional, occupational and business licenses. Transferred.

13 Del. C. § 521-524. Desertion or failure to support spouse or child; penalty; probation; terms; procedure; appeal; stay of order of support.

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§§ 521-524. Desertion or failure to support spouse or child; penalty; probation; terms; procedure; appeal; stay of order of support. Repealed by 70 Del. Laws, c. 448, § 2, effective July 5, 1996.

13 Del. C. § 6-101. Short title.

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§ 6-101. Short title. This chapter may be cited as the “Uniform Interstate Family Support Act.”69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1;

13 Del. C. § 6-102. Definitions [Effective until Dec. 6, 2026].

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§ 6-102. Definitions [Effective until Dec. 6, 2026]. In this chapter: (1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a suppor…

13 Del. C. § 6-103. State tribunal and support enforcement agency.

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§ 6-103. State tribunal and support enforcement agency. (a) The Family Court of the State of Delaware is the tribunal of this State. (b) The Division of Child Support Services is the support enforcement agency of this State.69 Del. Laws, c. 238, § 1; 71 Del. Laws, c. 216, § 113; …

13 Del. C. § 6-104. Remedies cumulative.

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§ 6-104. Remedies cumulative. (a) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) This chapter does not: (1) Provide the exclusive method of e…

13 Del. C. § 6-105. Application of chapter to resident of foreign country and foreign support proceeding.

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§ 6-105. Application of chapter to resident of foreign country and foreign support proceeding. (a) A tribunal of this State shall apply subchapters I through VI of this chapter and, as applicable, subchapter VII of this chapter, to a support proceeding involving: (1) A foreign su…

13 Del. C. § 6-201. Bases for jurisdiction over nonresident.

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§ 6-201. Bases for jurisdiction over nonresident. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservato…

13 Del. C. § 6-202. Duration of personal jurisdiction.

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§ 6-202. Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this State in a proceeding under this chapter or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to…

13 Del. C. § 6-203. Initiating and responding tribunal of State.

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§ 6-203. Initiating and responding tribunal of State. Under this chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign count…