reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter II. Premarital Agreements › § 325. Amendment or revocation.

§ 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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter II. Premarital Agreements › § 326. Enforcement.

§ 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 agreement, that party:
a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) Any issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
70 Del. Laws, c. 462, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter II. Premarital Agreements › § 327. Enforcement; void marriage.

§ 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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 3. HUSBAND AND WIFE; CONTRACTS AND PROPERTY RIGHTS › Subchapter II. Premarital Agreements › § 328. Limitation of actions.

§ 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, including laches and estoppel, are available to either party.
70 Del. Laws, c. 462, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 402. Initiation of income withholding; cooperation with other jurisdictions.

§ 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 this State, or an agency to whom the obligee has assigned support rights, the Division shall promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against such income. The Division shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The Division also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the Division receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time and place of the hearings and of the obligee's right to attend.
65 Del. Laws, c. 115, §  1;  80 Del. Laws, c. 234, § 5;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 403. Entry of support order of another jurisdiction for income withholding.

§ 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 Services shall file these documents with the Clerk of the Family Court in which withholding is being sought. The Clerk of the Court shall accept the documents filed and such acceptance shall constitute entry of the support order under this chapter.
(b) The following documentation is required for the entry of a support order of another jurisdiction:
(1) A certified copy of the support order with all modifications;
(2) A certified copy of an income withholding order, if any, still in effect;
(3) A copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;
(4) A sworn statement of the obligee or certified statement of the agency of the arrearages and the assignment of support rights, if any;
(5) A statement of:
a. The name, address and social security number of the obligor, if known;
b. The name and address of the obligor's employer or of any other source of income of the obligor derived in this State against which income withholding is sought; and
c. The name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.
(c) If the documentation received by the Bureau under subsection (a) of this section does not conform to the requirements of subsection (b) of this section, the Bureau shall remedy any defect which it can without the assistance of the requesting agency. If the Bureau is unable to make such corrections, the requesting agency shall immediately be notified of the necessary additions or corrections. In neither case shall the documentation be returned. The Bureau shall accept the documentation required by subsections (a) and (b) of this section even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.
(d) A support order entered under subsection (a) of this section shall be enforceable by income withholding against income derived in this State in the manner and with the effect as set forth in §§ 404 through 411 of this title and § 513(b) of this title. Entry of the order shall not confer jurisdiction on the courts of this State for any purpose other than income withholding.
65 Del. Laws, c. 115, §  1;  80 Del. Laws, c. 234, § 6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 404. Notice of proposed income withholding to obligor.

§ 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 the withholding or the amount withheld is improper due to a mistake of fact. This notice shall be in conformity with that required under § 513(b)(2) of this title; provided, however, that the notice shall also advise the obligor that the income withholding was requested on the basis of a support order of another jurisdiction. The date of serving notice on the obligor shall be the basis for measuring time for the obligor to file an affidavit in opposition to the attachment and for holding a hearing and rendering a decision.
(b) Section 513(b)(3) of this title shall apply if the obligor seeks to contest the proposed income withholding; provided, however, that if a hearing is scheduled the Court shall immediately notify the requesting agency of the date, time and place of the hearing and of the obligee's right to attend the hearing.
65 Del. Laws, c. 115, §  1;  71 Del. Laws, c. 216, §§  18, 19;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 406. Income withholding order.

§ 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 court shall issue an income withholding order under § 513(b) of this title. The court shall notify the requesting agency of the date upon which withholding will begin. In cases brought under Title IV, Part D, of the Social Security Act (42 U.S.C. § 651 et seq.), the Division may order income withholding in accordance with § 513(b)(12) of this title, without the necessity of obtaining an order from the Court or any other administrative tribunal.
65 Del. Laws, c. 115, §  1;  71 Del. Laws, c. 216, §  21;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 407. Applicable enforcement provisions.

§ 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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 408. Distribution of collected support payments.

§ 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 order of another jurisdiction entered under this chapter to the agency or person designated in § 403(b)(5)c. of this title.
(b) A support order entered pursuant to § 403 of this title does not nullify and is not nullified by a support order made by a court of this State pursuant to any other law or by a support order made by a court of any other state. Amounts collected by any withholding of income shall be credited against the amounts accruing or accrued for any period under any support orders issued either by this State or by a sister state.
65 Del. Laws, c. 115, §  1;  71 Del. Laws, c. 216, §§  22, 23;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 409. Changes in original order or jurisdiction.

§ 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 order.
(b) If the Division of Child Support Services determines that the obligor has obtained employment in another state or has a new or additional source of income in another state, it shall notify the agency which requested the income withholding of the changes within 5 working days of receiving that information and shall forward to that agency all information it has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income. The Division shall include with the notice a certified copy of the income withholding order in effect in this State.
65 Del. Laws, c. 115, §  1;  80 Del. Laws, c. 234, § 7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 410. Voluntary income withholding.

§ 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 shall issue an income withholding order under § 513(b) of this title. Payment shall be made to the state disbursement unit.
65 Del. Laws, c. 115, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 216, §  24;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 411. Choice of law.

§ 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 to § 403 of this title, except as provided in subsections (b), (c) and (d) of this section.
(b) The law of the jurisdiction which issued the support order shall govern the following:
(1) The interpretation of the support order entered under § 403 of this title, including amount, form of payment and the duration of support;
(2) The amount of support arrearages necessary to require the issuance of an income withholding order; and
(3) The definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including but not limited to interest, attorney's fees, court costs and costs of paternity testing.
(c) The court shall apply the statute of limitations for maintaining an action on arrearages of support payments of either the law of this State or of the state which issued the support order entered under this chapter, whichever is longer.
(d) An employer who receives an income withholding order or notice issued by another state shall apply the income withholding law of the state of the obligor's principal place of employment in determining:
(1) The employer's fee for processing the income withholder order;
(2) The maximum amount permitted to be withheld from the obligor's income;
(3) The time periods within which the employer must implement the income withholding order and forward the child support payment;
(4) The priorities for withholding and allocating income for multiple child support obligees; and
(5) Any withholding terms or conditions not specified in the order.
65 Del. Laws, c. 115, §  1;  71 Del. Laws, c. 216, §§  25, 26;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 4. INTERSTATE WITHHOLDING ACT › § 412. Employer liability.

§ 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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 501. Duty to support minor child; duty to support child over 18 years of age.

§ 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 minimum needs, a stepparent or a person who cohabits in the relationship of husband and wife with the parent of a minor child shall be under a duty to provide those needs. Such duty shall exist only while the child makes residence with such stepparent or person and the marriage or cohabitation continues.
(c) The duty to support a child under 18 years of age, whether born in or out of wedlock, shall rest equally upon both parents.
(d) Both parents have a duty to support their child over 18 years of age if such child is a student in high school and is likely to graduate. This duty ends when the child receives a high school diploma or attains age 19, whichever event first occurs.
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, §  501;  50 Del. Laws, c. 207, §  1;  59 Del. Laws, c. 567, §  1;  60 Del. Laws, c. 334, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 502. Duty to support spouse.

§ 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, §  501;  50 Del. Laws, c. 207, §  1;  59 Del. Laws, c. 567, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 503. Duty to support a poor person.

§ 503. Duty to support a poor person.
Except as expressly provided in §§ 501 and 502 of this title, the duty to support a poor person unable to support the poor person's own self rests upon the spouse, parents, or children, in that order, subject to § 504 of this title as to expenses described therein. If the relation prior in order shall not be able, the next in order shall be liable, and several relations of the same order shall, if able, contribute according to their means.
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, §  501;  50 Del. Laws, c. 207, §  1;  59 Del. Laws, c. 567, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 504. Duty to support woman with child conceived out of wedlock.

§ 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 lying-in expenses incident to the pregnancy and to the birth of the child, and such other relief as to the court shall seem reasonable.
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, §  501;  50 Del. Laws, c. 207, §  1;  59 Del. Laws, c. 567, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 505. Priority among dependents.

§ 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 with child conceived out of wedlock;
(4) Duty to support a stepchild or the child of a person with whom the obligor cohabits in the relationship of husband and wife;
(5) Duty to support a poor person.
(b) Where a support obligor is unable to provide support adequate to the needs of 2 or more dependents of the same order of priority, a support obligor shall apportion the amount available for support as equally as possible between or among said dependents according to their respective needs.
(c) This section shall not repeal the rights of the parties as established by § 1512 of this title.
59 Del. Laws, c. 567, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 506. Failure to support for just cause.

§ 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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 507. Jurisdiction in Family Court; termination of Chancery Court jurisdiction.

§ 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, reformation, enforcement and rescission of agreements made between future spouses, spouses and former spouses concerning the payment of support or alimony, the payment of child support or medical support, the division and distribution of marital property and marital debts and any other matters incident to a marriage, separation or divorce. The Court shall have jurisdiction to resolve any issues resulting from the construction, reformation, enforcement or rescission of an agreement. In this regard, the Court shall apply the statutory factors set forth in Chapters 5, 6 and 15 of this title. The Court shall have and exercise all other jurisdiction and powers relating to support and separate maintenance actions heretofore possessed by the Chancellor or the Court of Chancery of the State.
(b) The jurisdiction of the Court of Chancery in civil actions for separate maintenance is hereby terminated, except for such actions for separate maintenance as have been commenced in the Court of Chancery prior to the effective date hereof. The Court of Chancery shall retain exclusive jurisdiction over such latter actions.
27 Del. Laws, c. 262, §  2;  Code 1915, §  3035;  Code 1935, §  3528;  13 Del. C. 1953, §  503;  57 Del. Laws, c. 250, §  2;  59 Del. Laws, c. 567, §  1;  60 Del. Laws, c. 455, §  1;  67 Del. Laws, c. 446, §  1;  69 Del. Laws, c. 445, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 508. Jurisdiction in Family Court; enforcement of support orders entered by Superior Court.

§ 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 obligation decreed by any such order within the following limitations:
(1) Where a divorce decree has been entered by the Superior Court and, under the terms of such decree, the petitioner therein (respondent herein) has been ordered to make periodic support payments to the respondent therein (petitioner herein), a proceeding may be brought in the Family Court under this section for the enforcement of any such order and for the modification or termination of the support obligation decreed thereby;
(2) Proceedings shall be brought in the county wherein respondent resides or is found or in the county wherein petitioner resides if respondent does not reside or cannot be found in this State;
(3) Proceedings shall be instituted by petition. The petition shall be verified and shall state the name and, so far as is known to the petitioner, the address and circumstances of the respondent, shall identify the divorce decree, shall include as an exhibit thereto a certified copy of such decree and shall state any other pertinent information and the relief prayed for. A minor shall be represented by a guardian ad litem;
(4) The Family Court, after a hearing, may enter 1 or more of the following orders appropriate under the actual circumstances:
a. An order requiring respondent to comply with the support obligation specified in the Superior Court decree;
b. An order requiring respondent to comply with the support order set forth in the Superior Court decree as modified by the Family Court;
c. An order terminating the support obligation set forth in the Superior Court decree;
d. An order dismissing the petition;
e. An order cancelling or reducing support arrearages;
f. An order taxing the costs and reasonable attorneys' fees incurred in these proceedings against respondent or petitioner;
g. An order requiring respondent to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the Family Court may deem proper to assure payment of any amount required to be paid by respondent;
h. An order requiring respondent to make payments at specified intervals to the Family Court and to report personally to the Family Court at such times as may be deemed necessary; or
i. An order punishing respondent, who shall violate any order of the Family Court, to the same extent as is provided for by law for contempt of the Court in any other suit or proceeding cognizable by the Court;
(5) Participation in any proceedings under this section shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding.
60 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter I. Duty to Support › § 509. Definitions.

§ 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 offices are open for regular business.
69 Del. Laws, c. 445, §  4;  71 Del. Laws, c. 216, §  28;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter II. Civil Enforcement › § 511. Commencement of actions; obtaining jurisdiction over respondent.

§ 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 to provide such support.
(b) Jurisdiction may be acquired over respondent in any of the following ways:
(1) By issuance of summons by the Clerk of the Family Court, and service thereof by the sheriff or other person authorized to make service of process upon respondent, by delivering a copy of the summons, petition and any affidavit to respondent personally or by delivering copies thereof to an agent authorized by appointment or by law to receive service of process;
(2) By appearance of respondent, either personally or by executing and filing an appearance document in a form approved by the Court, with or without issuance of summons;
(3) By appearance of counsel for respondent, with or without issuance of summons;
(4) Under a court rule not inconsistent with this section; or
(5) As may be otherwise provided by law.
59 Del. Laws, c. 567, §  1;  71 Del. Laws, c. 216, §§  3, 4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter II. Civil Enforcement › § 512. Interim order.

§ 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 support is sought. The Court may also enter an interim or emergency order for support in accordance with its rules and procedures.
(b) Section 913 of Title 10 notwithstanding, the report and recommendations of the Master with regard to a permanent, temporary, interim or emergency order entered under Chapter 4, 5 or 6 of this title shall become effective and enforceable immediately as an order of the Family Court when announced by the Master. Said order shall remain in full force and effect unless and until a party files a petition for review de novo within 15 days of the date said order is announced and makes application for and is granted a stay by order of a judge of the Family Court.
27 Del. Laws, c. 262, §  3;  Code 1915, §  3036;  35 Del. Laws, c. 189, §  1;  Code 1935, §  3529;  13 Del. C. 1953, §  504;  59 Del. Laws, c. 567, §  1;  65 Del. Laws, c. 228, §  3;  67 Del. Laws, c. 158, §  4;  67 Del. Laws, c. 446, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter II. Civil Enforcement › § 514. Determination of amount of support.

§ 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 the wages, and earning capacity of the parties, including the children;
(2) The manner of living to which the parties have been accustomed when they were living under the same roof;
(3) The general equities inherent in the situation.
59 Del. Laws, c. 567, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter II. Civil Enforcement › § 515. Procedural rights of parties.

§ 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, including but not limited to the following:
(1) Right to institute and retain complete control of the suit;
(2) Right to select counsel;
(3) Right to appeal to the Supreme Court of the State, on the record, from interlocutory or final orders or judgments. Such appeal shall be in the form and manner provided by the Rules of the Supreme Court.
(b) For purposes of this section, a child born out of wedlock shall possess the same procedural rights as a child born in wedlock and the mother of a child born out of wedlock shall possess the same procedural rights as the mother of a child born in wedlock.
(c) A complete record shall be made of all proceedings in which testimony is taken under this section, by court stenographer, tape recorder, or other device, the method to be at the discretion of the Court.
(d) The Family Court shall by rule provide for expedited procedures for the determination and enforcement of support obligations established under this chapter, Chapter 4 and Chapter 6 of this title. These procedures shall include, except in appropriate cases and on a showing of good cause as herein provided, the mandatory use of such expedited process before a hearing can be held before a judge. The Court shall by rule adopt procedures to provide, in appropriate cases, for the determination that there is good cause to proceed directly to a hearing before a judge.
59 Del. Laws, c. 567, §  1;  65 Del. Laws, c. 228, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter II. Civil Enforcement › § 517. Termination of child support.

§ 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 a child over 18 is still enrolled in high school current support shall terminate by operation of law when the child receives a high school diploma or attains the age of 19, whichever event first occurs.
(b) An order of current child support entered by this Court or a court of competent jurisdiction in this State shall terminate if custody of all children who are the subject of said order is transferred to the obligated parent pursuant to an order of a court of competent jurisdiction or the written voluntary agreement of the parents.
(c) Notwithstanding the above, the obligation for payment of arrears or past due support shall terminate by operation of law when all arrears or past due support have been paid.
66 Del. Laws, c. 7, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter II. Civil Enforcement › § 518. Accounting.

§ 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 such funds for good cause shown. Any application filed for such an accounting shall state with particularity the reasons why it is being sought and the basis for believing that such an accounting is necessary. The Court may dismiss any application for an accounting if the application does not show good cause why such an accounting should be ordered, and the Court shall order that all costs and reasonable counsel fees incurred by the fiduciary in such fiduciary's defense be paid by the unsuccessful applicant. If an accounting is granted by the Court, it may equitably apportion the costs, including reasonable counsel fees, of the action among the parties to the proceeding after taking into account the legal and factual basis for the action, the results obtained, the financial resources of the parties, and such other factors as the Court deems just and equitable.
67 Del. Laws, c. 446, §  6;  70 Del. C. c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 5. DESERTION AND SUPPORT › Subchapter III. Criminal Enforcement › § 521-524. Desertion or failure to support spouse or child; penalty; probation; terms; procedure; appeal; stay of order of support.

§§ 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.
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter I. General Provisions › § 6-101. Short title.

§§ 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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter I. General Provisions › § 6-103. State tribunal and support enforcement agency.

§§ 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;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  1;  80 Del. Laws, c. 234, § 10;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter I. General Provisions › § 6-104. Remedies cumulative.

§§ 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 establishing or enforcing a support order under the law of this State; or
(2) Grant a tribunal of this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.
69 Del. Laws, c. 238, §  1;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter I. General Provisions › § 6-105. Application of chapter to resident of foreign country and foreign support proceeding.

§§ 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 support order;
(2) A foreign tribunal; or
(3) An obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provision of subchapters I through VI of this chapter.
(c) Subchapter VII of this chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of subchapter VII of this chapter is inconsistent with subchapters I through VI of this chapter, subchapter VII controls.
80 Del. Laws, c. 60, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-201. Bases for jurisdiction over nonresident.

§§ 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 conservator if:
(1) The individual is personally served with notice within this State;
(2) The individual submits to the jurisdiction of this State by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in this State;
(4) The individual resided in this State and provided prenatal expenses or support for the child;
(5) The child resides in this State as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse;
(7) The individual asserted parentage of a child in the registry of paternity maintained in this State by the Office of Vital Statistics; or
(8) There is any other basis consistent with the Constitutions of this State and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child support order of another state unless the requirements of § 6-611 of this title are met, or, in the case of a foreign support order, unless the requirements of § 6-615 of this title are met.
69 Del. Laws, c. 238, §  1;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-202. Duration of personal jurisdiction.

§§ 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 modify its order or continuing jurisdiction to enforce its order as provided by §§ 6-205, 6-206, and 6-211 of this title.
75 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-203. Initiating and responding tribunal of State.

§§ 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 country.
69 Del. Laws, c. 238, §  1;  71 Del. Laws, c. 216, §  116;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-204. Simultaneous proceedings.

§§ 6-204. Simultaneous proceedings.
(a) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1) The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) If relevant, this State is the home state of the child.
(b) A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;
(2) The contesting party timely challenges the exercise of jurisdiction in this State; and
(3) If relevant, the other state or foreign country is the home state of the child.
69 Del. Laws, c. 238, §  1;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-205. Continuing, exclusive jurisdiction to modify child-support order.

§§ 6-205. Continuing, exclusive jurisdiction to modify child-support order.
(a) A tribunal of this State that has issued a child-support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and:
(1) At the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) Even if this State is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this State that has issued a child-support order consistent with the law of this State may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) All of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) Its order is not the controlling order.
(c) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child-support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
69 Del. Laws, c. 238, §  1;  71 Del. Laws, c. 216, §§  117-121;  75 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-206. Continuing jurisdiction to enforce child-support order.

§§ 6-206. Continuing jurisdiction to enforce child-support order.
(a) A tribunal of this State that has issued a child-support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
69 Del. Laws, c. 238, §  1;  71 Del. Laws, c. 216, §  122;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-208. Child-support orders for 2 or more obligees.

§§ 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 tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this State.
69 Del. Laws, c. 238, §  1;  71 Del. Laws, c. 216, §§  125, 126;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-209. Credit for payments.

§§ 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 this State, another state, or a foreign country.
69 Del. Laws, c. 238, §  1;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-210. Application of this chapter to nonresident subject to personal jurisdiction.

§§ 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 foreign support order may receive evidence from outside this State pursuant to § 6-316 of this title, communicate with a tribunal outside this State pursuant to § 6-317 of this title, and obtain discovery through a tribunal outside this State pursuant to § 6-318 of this title. In all other respects subchapters III through VI of this chapter do not apply and the tribunal shall apply the procedural and substantive law of this State.
69 Del. Laws, c. 238, §  1;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter II. Jurisdiction › § 6-211. Continuing, exclusive jurisdiction to modify spousal-support order.

§§ 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 the support obligation.
(b) A tribunal of this State may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) A tribunal of this State that has continuing, exclusive jurisdiction over a spousal-support order may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this State; or
(2) A responding tribunal to enforce or modify its own spousal-support order.
69 Del. Laws, c. 238, §  1;  71 Del. Laws, c. 216, §§  117-121;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter III. Civil Provisions of General Application › § 6-301. Proceedings under this chapter.

§§ 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 chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
69 Del. Laws, c. 238, §  1;  71 Del. Laws, c. 216, §§  127-129;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  3;