Delaware Child Support Calculator (2025)

How Delaware Calculates Child Support

Delaware uses the Melson Formula for calculating child support, governed by Del. Family Court Rules, Melson Formula. This model is based on the economic principle that children should receive the same proportion of parental income they would have received if the parents lived together. The Melson Formula approach estimates what both parents would spend on their children in an intact household, then divides that amount based on each parent's income.

Under Delaware's system, each parent's adjusted gross income is determined by subtracting allowable deductions from gross income. The two adjusted incomes are combined to produce a combined adjusted gross income. This figure is matched to the Delaware child support schedule to find the basic obligation based on combined income and number of children. Each parent's proportionate share equals their percentage of the combined income.

Delaware is one of only three states (along with Hawaii and Montana) that uses the Melson Formula, a unique approach developed by Delaware Family Court Judge Elwood F. Melson Jr. Unlike the standard Income Shares model, the Melson Formula first ensures each parent can meet their own basic needs (a self-support allowance), then calculates a primary support obligation, and finally applies a Standard of Living Adjustment (SOLA) that shares any remaining income above subsistence with the children. This three-step approach is considered more nuanced than standard guidelines.

The Melson Formula guidelines create a rebuttable presumption that the calculated amount is the correct child support amount. Courts may deviate only with written findings that the guideline amount would be unjust or inappropriate. Delaware courts take this presumption seriously, and deviations require specific factual justification.

History and Development

The Melson Formula was developed in the 1970s by Judge Elwood F. Melson Jr. of the Delaware Family Court and has been refined over decades. Delaware was a pioneer in child support guidelines, predating the federal mandate that all states adopt guidelines. The formula reflects the philosophy that both parents and children should benefit from parental income above basic subsistence levels. Delaware's Division of Child Support Services administers enforcement.

The guidelines are reviewed periodically as required by federal law under Title IV-D of the Social Security Act. This review process ensures that child support amounts remain reflective of actual child-rearing costs, accounting for inflation and changing economic conditions. The schedule is based on research from the U.S. Department of Agriculture and other economic studies on family expenditures.

Understanding Melson Formula

Melson Formula establishes the comprehensive framework for child support calculations in Delaware. This regulation applies to all cases involving child support, whether parents were married, divorced, separated, or never married. It provides detailed instructions for computing support, including income definitions, allowable deductions, the support schedule, and provisions for special circumstances.

The guidelines address imputed income for parents who are voluntarily unemployed or underemployed. The court may attribute income based on earning capacity, considering employment history, education, health, age, and local job market conditions. This prevents parents from artificially reducing income to lower support obligations. Courts frequently use vocational assessments and labor market data when determining imputed income.

The guidelines also address the treatment of overtime and bonus income. Regular overtime historically earned is generally included in gross income. Courts have discretion regarding irregular overtime, and bonuses may be averaged over multiple years if they fluctuate significantly. The goal is to determine the most representative income figure for each parent.

Income Definition and Deductions in Delaware

Understanding how Delaware defines income is critical to estimating child support. The process begins with gross income, which includes virtually all income from any source. Allowable deductions are then subtracted to arrive at the adjusted figure that drives the calculation.

What Counts as Gross Income

• Wages and salaries — All compensation from employment, including tips, bonuses, and regular overtime
• Commissions — Sales commissions and performance-based pay
• Self-employment income — Net income from self-employment after legitimate business expenses
• Rental income — Net income from rental properties
• Interest and dividends — Investment income from all sources
• Pensions and retirement — Distributions and pension payments
• Social Security benefits — Including disability and retirement benefits
• Workers' compensation — Ongoing payments
• Unemployment benefits — State and federal compensation
• Alimony received — Spousal support from another relationship
• Trust and estate income — Distributions from trusts or estates
• Capital gains — Recurring gains from asset sales
• Military allowances — BAH and BAS
• Severance pay — Payments upon termination of employment

Allowable Deductions

• Federal and state income taxes — Based on actual filing status
• Social Security and Medicare taxes (FICA) — Employee's share
• Pre-existing child support — Court-ordered support for other children actually being paid
• Pre-existing spousal support — Court-ordered alimony for a prior relationship
• Union dues — Required membership fees
• Mandatory retirement contributions — Required by employer

Voluntary retirement contributions, loan payments, credit card payments, and other voluntary deductions are generally not allowed. The goal is to capture the parent's true ability to support their children.

The Delaware Support Schedule

The support schedule provides the basic child support obligation based on combined adjusted gross income and number of children. For income amounts between listed figures, courts use linear interpolation. For income exceeding the chart maximum, courts may extrapolate or use discretion to set an appropriate amount.

How to Use the Schedule

1. Calculate each parent's adjusted gross income (gross income minus allowable deductions)
2. Add both parents' adjusted gross incomes to get the combined adjusted gross income
3. Find the corresponding row in the schedule (interpolate between rows if necessary)
4. Read across to the column for the number of children — this is the basic child support obligation
5. Determine each parent's percentage share (individual income ÷ combined income)
6. Multiply the basic obligation by the non-custodial parent's percentage
7. Add the non-custodial parent's proportionate share of additional expenses (insurance, childcare, extraordinary)

Shared Custody Calculations in Delaware

Delaware provides for adjustments when parents share physical custody. When the non-custodial parent exercises 110 or more overnights per year (approximately 30% of the time), the court may apply a shared custody adjustment to the basic child support calculation.

The rationale is that when a child spends significant time with both parents, both are directly incurring costs for housing, food, clothing, and other needs. Without adjustment, the non-custodial parent would pay twice — through support payments and through direct expenditures during their parenting time.

How the Shared Custody Formula Works

1. Calculate the basic child support obligation using the standard method
2. Multiply the basic obligation by 1.5 to account for two-household costs
3. Calculate each parent's individual share based on their income percentage
4. Offset the two shares against each other
5. The parent with the higher obligation pays the difference to the other parent

This cross-credit approach ensures both parents contribute proportionally while acknowledging the direct expenses each incurs during their parenting time. The 1.5 multiplier recognizes that maintaining two homes costs more than one, but not twice as much due to shared economies of scale.

Parents seeking a shared custody adjustment should document their actual parenting time carefully. Courts look at both the custody order and the actual time exercised. Keeping a detailed log of overnights can be valuable evidence if the arrangement is disputed.

When Courts Deviate from Delaware Guidelines

While the guidelines create a strong presumption, Delaware courts retain authority to deviate when applying them would be unjust or inappropriate. Any deviation must be supported by written findings explaining why. Common deviation reasons include:

• Extraordinary medical expenses — Significant ongoing costs beyond insurance coverage
• Educational expenses — Special educational needs, private school tuition, tutoring
• Travel expenses for visitation — When parents live far apart and transportation is costly
• Seasonal or irregular income — Significant fluctuations throughout the year
• Other children in the household — Supporting children from another relationship
• Combined income exceeding schedule maximum — When income surpasses the chart
• Child's independent income or assets — When the child has significant resources
• Special needs of the child — Disabilities or extraordinary care requirements

Deviations are not automatic. The requesting parent bears the burden of proof. Courts will not reduce support simply because a parent wants to pay less. The best interests of the child remain the paramount consideration.

How to Modify Child Support in Delaware

Child support orders are not permanent and can be modified when circumstances change significantly. Delaware law requires a showing of substantial change in circumstances with significant impact on the support amount to modify an existing order. Either parent may file a motion with the court that issued the original order.

Common Grounds for Modification

• Significant income changes — Substantial increase or decrease in either parent's income
• Job loss — Involuntary unemployment or underemployment
• Changes in custody or visitation — Modified parenting time arrangements
• Changes in healthcare costs — Significant changes in insurance premiums or medical needs
• Additional children — Birth or adoption of additional children by either parent
• Child emancipation — Child reaching age 18 or high school graduation
• Childcare cost changes — Children aging out of daycare
• Disability — New or changed disability affecting earning capacity

File a Motion to Modify with the issuing court, including current financial information. Until a new order is entered, the existing amount remains in full effect and must be paid. Modifications are generally effective from the filing date, not retroactively. Periodic reviews (typically every three years) are available through the enforcement agency.

Enforcement of Delaware Child Support

Delaware takes child support enforcement seriously. The Division of Child Support Services (DCSS) within the Department of Health and Social Services uses multiple tools to ensure compliance:

• Income withholding — Automatic paycheck deductions, the most common method
• Tax refund intercept — Seizing federal and state income tax refunds
• License suspension — Driver's, professional, and recreational licenses
• Passport denial — For arrears exceeding $2,500
• Bank account levies — Freezing and seizing funds
• Property liens — Liens on real and personal property
• Credit reporting — Reporting delinquencies to credit bureaus
• Contempt of court — Fines or jail time for willful non-payment

Under Delaware law, past-due child support accrues interest at 6% per year. This provides a strong incentive for timely payment. Delaware also participates in the Uniform Interstate Family Support Act (UIFSA), facilitating enforcement across state lines when a parent moves to another state.

Frequently Asked Questions

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