How Delaware Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Delaware, each missed installment becomes a judgment and a lien. It can be collected by wage attachment, license suspension at $1,000 and 30 days delinquent, credit reporting at $500, tax refund intercepts and contempt, and arrears over $2,500 can affect a passport.
What happens if you don’t pay child support in Delaware?
Unpaid support stays owed. The Division of Child Support Services can use income withholding, an added arrears payment, demand letters, contempt proceedings, state and federal tax refund intercepts, attachment, levy and garnishment, a private collection agency and any other civil remedy for enforcing judgments (13 Del. C. 2207). Federal law adds passport certification above $2,500.
Can Delaware garnish wages for unpaid child support?
Yes, and it is the most common remedy. A wage attachment is sent to the employer without needing an arrears petition, and it is required for almost all new and modified orders. Federal law limits it to 50% of disposable earnings if the employee supports a second family and 60% if not, plus 5% if arrears are 12 weeks or more past due (15 U.S.C. 1673(b)).
| If the person | Limit | If support is 12 or more weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Does Delaware put a lien on property for unpaid child support?
Yes, automatically. A past-due installment is a lien in favor of the obligee as of its due date, arising by operation of law without a judicial determination of the arrearage or an order creating the lien. Once perfected, it binds all real and personal property of the obligor, including property acquired later (13 Del. C. 2215).
Can unpaid child support affect your credit in Delaware?
The Division reports arrears of $500 or more to consumer reporting agencies, but only after notifying the obligor and giving 20 days to contest the accuracy of the information (2217).
Can you lose a license for unpaid child support in Delaware?
The Division can give notice that a driver’s, professional, occupational, business or recreational license will be denied or suspended if the obligor is under a Family Court order in a Division case, owes $1,000 or more in arrears or retroactive support and is 30 or more days delinquent, or has an outstanding capias for failing to appear. The obligor has 20 days from the mailing of the notice to respond (2216). To avoid suspension, pay the arrears in full, make a certified payment equal to 2 months of the obligation, or request an administrative hearing in writing; to get a suspended license back, pay the balance or make that 2-month payment.
Can you go to jail?
Yes. A person found in contempt in an arrears case can be committed until a purge payment is made, and the Court can suspend a license but defer the suspension for six months on condition of regular payments. If incarceration is possible the respondent may request appointed counsel if indigent.
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires the Secretary of State to refuse to issue a passport and allows revoking, restricting or limiting one already issued (42 U.S.C. 652(k)). The Delaware arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Contact the Division about a payment plan before action escalates, add up the balance in the Delaware child support arrears calculator and, if your circumstances changed, file to modify because only later installments can change.
Frequently asked questions
What happens if you don’t pay child support in Delaware?
It stays owed and can be collected by wage attachment, liens, license suspension, tax refund intercepts, credit reporting and contempt.
How much of my wages can Delaware attach for child support?
Federal law limits it to 50% or 60% of disposable earnings, plus 5% when support is 12 or more weeks overdue.
Does Delaware place a lien automatically for unpaid child support?
Yes. A past-due installment is a lien by operation of law, with no court order needed.
When can a Delaware license be suspended for unpaid child support?
When the obligor owes $1,000 or more and is 30 or more days delinquent in a Division case, after notice and 20 days to respond.
How can I avoid a Delaware license suspension?
Pay the arrears in full, make a certified payment equal to 2 months of support, or request an administrative hearing in writing.
Official sources
- Del. Code Title 13, chapter 22: Division of Child Support Services (2207, 2215, 2216, 2217)
- Del. Code Title 13, chapter 5, subchapter II: 513 and 517
- Delaware Family Court: Frequently Asked Questions About Child Support
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Delaware statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Delaware attorney.