How to Demand Overdue Delaware Child Support Payment
When a couple gets a child/children, they automatically assume the obligation of child support. Providing for children's emotional, financial, and physical well-being is not a problem when parents are in a committed relationship or married.
However, when parents part ways after a divorce, accessing financial support through the non-custodial parent may be challenging in one way or another. The reason is that most of the time, making payments to a former spouse is not a welcome idea for the non-custodial parent.
Also, questions regarding whether the money sent is spent on a child's welfare may arise in this case. Even so, a non-custodial parent must pay child support to the custodial parent. That should happen regardless of such feelings due to the welfare of the children.
The Establishment of Delaware Child Support
First, understand that Delaware courts enforce child support orders after approval by a judge and filing with the court clerk. On the other hand, you need to establish child support formally if you do not have a court-approved child support order on file with your local court clerk.
Filing for Delaware child support yourself is possible with the help of an attorney. The other option you can consider is filing for child support using the Delaware Division of Child Support Enforcement (DCSE).
After that, you can file the completed petition in the clerk's office of Sussex, New Castle, or Kent County. Also, you can serve a copy of the petition to your child's other parent with the help of the clerk's office and set a hearing date for your Delaware child support case.
Understand that both parents must be at the child support hearing. A judge can only sign a child support order in line with your agreement if you and the other parent agree on monthly child support.
Otherwise, a judge will decide the amount of child support to be paid by both sides if you and your former partner disagree about the issue.
Enforcement of Delaware Child Support
Court Orders for Delaware Child Support Collection
The court/DCSE can take various actions to force a delinquent parent to make support payments if they are found in contempt of Delaware child support orders. These actions include the following.
- Using a private collection agency to go after the delinquent parent.
- Withholding cash from a parent's income to pay child support.
- Intercepting Delaware lottery winnings.
- Attaching liens to personal or real property and foreclosure on such property to get child support money.
- Withholding unemployment compensation.
- Intercepting state or federal tax refunds or
- Garnishing bank accounts or other assets.
Petition for Delaware Child Support Arrears
If the non-custodial parent stops paying child support, you should file a "petition for child support arrears" as the custodial parent. Doing so will let the court know that the other parent is late on support.
You can also ask the court to hold the non-custodial parent in "contempt" and order that they pay the overdue support. When one is held in contempt, it implies that they have willfully violated a court order.
That attracts several penalties designed to punish a parent for nonpayment and force them to pay child support. Also, you need to show the following as proof that the other parent is in contempt.
- Failure to pay child support in line with the terms of the court order.
- A valid child support order is signed by a judge and filed with your local family court.
- Proof that the other parent can pay the Delaware child support amount ordered.
Filing a Demand Letter for Late Child Support Payments Using DoNotPay
- Search child support on DoNotPay and enter the details of the person who owes the payments.
- Tell us more about the payment schedule, including the amount and frequency of the payments, the last payment they made and number of missed payments, and how much they owe you in total.
- Confirm your contact information and select whether you want us to mail or email the letter on your behalf. Choose how you would like to receive the payment and verify your signature.
Reasons for Using DoNotPay to File a Demand Letter for Late Child Support Payments
- Fast–You save much time when you opt to use DoNotPay.
- Successful–The assistance you need is accessible when using DoNotPay, which leads to success.
- Easy–There is no need to keep track of all the steps involved in filing a demand letter for late child support payments when using DoNotPay, and filling out tedious forms is also unnecessary.
Child Support Guides by State
Each state has different rules and regulations regarding child support, making the entire process confusing and overwhelming. Luckily, DoNotPay has child support guides for each state. Find yours below:
What Else Can DoNotPay Do?
- Help with bills
- Address divorce settlement agreement
- Help you to sue anyone in small claims court
- Help you to prepare defamation demand letters
- Promote access to standardized legal documents
- Help with financial aid appeal letters
- Handle insurance claims
- Help you file a notice of intent to homeschool
Honoring Delaware child support court orders is not an option if you do not want to face the consequence of failing to do so. To handle child support concerns successfully, consider signing up with DoNotPay today.