Interest on Child Support Arrears in Delaware: Rate, Simple vs. Compound and When It Applies
We found no child support interest on Delaware arrears in Title 13 or the Family Court’s materials. Repayment is presumed at 20% of current support, never under $20 a month, and you can test a rate in the calculator if one is claimed.
Does Delaware charge interest on child support arrears?
We found no interest on child support arrears in the Delaware statutes we read: 13 Del. C. 513 and 517 (support, judgment and termination), chapter 22 (the Division’s enforcement powers, liens, licenses and credit reporting) set the duty and the tools but no rate. The Family Court’s child support FAQ and its formula instructions describe arrears, repayment and enforcement and also mention no interest (Family Court FAQ). Other guides say Delaware does not routinely charge interest on adjudicated arrears, but we rely on the primary sources and do not state a rate.
So what should you do about interest on Delaware arrears?
Ask the Division of Child Support Services (its enforcement powers are in 13 Del. C. chapter 22), or the other parent if you are not in a Division case, whether interest is being claimed and in what amount, and get it in writing. If a court or an agreement applies a rate, you can test it in the Delaware arrears calculator: enter the rate and the tool figures simple interest on each unpaid installment.
How much could a tested rate add to Delaware arrears? A scenario table
These are scenarios, not statements of Delaware law. Unpaid $500 monthly installments, the newest just due, with simple interest at the tested rate:
| Case | At 5% a year | At 8% a year | At 10% a year |
|---|---|---|---|
| 12 unpaid installments of $500 | $137.50 | $220.00 | $275.00 |
| 24 unpaid installments of $500 | $575.00 | $920.00 | $1,150.00 |
| 36 unpaid installments of $500 | $1,312.50 | $2,100.00 | $2,625.00 |
The interest grows faster than the months because older installments carry more months of interest.
How is repayment of Delaware arrears set?
When a parent owes accumulated arrears or back support, the Court usually adds an arrears payment, decided case by case. Under the Family Court’s instructions the presumed repayment is 20% of current support, not less than $20 a month, and a person is presumed able to pay at least 120% of what the obligation would have been under the formula had current support been ongoing.
| Current support | Presumed monthly repayment | Months to repay 12 months of arrears |
|---|---|---|
| $300 a month | $60.00 | 60 |
| $500 a month | $100.00 | 60 |
| $800 a month | $160.00 | 60 |
What if Delaware arrears are owed to the State?
Payment on arrears owed to the State of Delaware is limited to $20 a month if the parent owes current support or arrears to any private individual or another state. The standard repayment for genetic test costs is $20 a month.
Can the Delaware Division add an arrears payment itself?
Yes. If a parent under a current order misses payments for one calendar month, the Division may administratively add an arrears payment equal to 20% of current support or $20, whichever is greater, and can later increase an existing payment up to that amount. The parent can contest it with a Motion to Contest an Administrative Adjustment.
Where do you get the official figure?
From the Division of Child Support Services, which records payments on orders payable through it and whose records are presumptive of payment or nonpayment (13 Del. C. 513(c)(4)). Then see whether arrears expire or can be forgiven and file to modify if your circumstances changed.
Frequently asked questions
Does Delaware charge interest on child support arrears?
We found none in Title 13 or the Family Court's child support FAQ; ask the Division whether any is claimed.
How much does Delaware presume you repay on arrears?
20% of current support, never less than $20 a month.
Can the Delaware Division add an arrears payment automatically?
Yes, after one calendar month of missed payments: 20% of current support or $20, whichever is greater.
Is the Delaware arrears repayment limited for debts to the State?
Yes. Payment on arrears owed to the State is limited to $20 a month if the parent owes current support or arrears to a private person or another state.
Where can I get my official Delaware child support balance?
From the Division of Child Support Services, whose records are presumptive of payment or nonpayment.
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.