College and Adult Child Support in Delaware: Post-Secondary and Disabled Children

By the FigureMyTax Editorial Team · How we calculate

We found no Delaware statute that provides court-ordered child support for college, and none that extends support for a disabled child past 18. Parents can agree to college costs in an agreement the Family Court enforces.

Does child support cover college in Delaware?

We found no Delaware statute that provides for court-ordered child support for college. Section 501 limits the duty to a child under 18 and a child over 18 who is a high school student likely to graduate, ending at the diploma or 19 (13 Del. C. 501), and section 517 terminates current support at those limits (517). Other guides say Delaware courts cannot order college support; we rely on the statutes.

Can parents agree to pay for college in Delaware?

Yes. The Family Court has exclusive jurisdiction over the construction, reformation, enforcement and rescission of agreements between spouses and former spouses concerning child support and related matters (13 Del. C. 507(a)). Put the amounts, the schools, the deadlines and what happens if the child leaves school in the agreement, and have it approved and incorporated into the decree so the Court can enforce it.

Is there child support for a disabled adult child in Delaware?

We found no provision in sections 501 or 517 for child support of a disabled child after 18. If this is your situation, talk to a licensed Delaware attorney about the options, which may include an agreement or other proceedings, and note that the Family Court’s formula instructions treat SSDI and SSI paid for a child’s disability as described there, not as an extension of the order.

How do SSDI and SSI count in the formula?

SSDI paid into a household for a child of the union because of a parent’s disability is included in that parent’s income but offsets the net monthly obligation dollar for dollar. SSI paid because of a child’s disability is not considered income for any purpose. A parent receiving SSI is not assessed an obligation unless they have additional income or resources (Form 509i).

What is the age limit table for a given birth date?

After those dates the statute no longer requires support, so any college contribution comes only from an agreement.

What should a parent planning for college do?

1. Decide before the divorce or order is final whether college will be shared.
2. Write the terms into the agreement and have the Family Court approve it.
3. Keep records of costs and payments.
4. If the parties disagree later, ask the Family Court to enforce the agreement.

So when does support end for most children?

For most children it is the 18th birthday, or the diploma or 19th birthday for a high school student. Use the Delaware child support end date calculator.

What about unpaid support from before the end?

It stays owed: see how long Delaware arrears last.

Frequently asked questions

Official sources

• 13 Del. C. 501: duty to support minor child and child over 18
• 13 Del. C. 517: termination of child support
• Delaware Family Court: Frequently Asked Questions About Child Support, Chapter 13
• 13 Del. C. 507 and 513: Family Court jurisdiction; agreements
• Delaware Family Court: formula instructions (Form 509i) on SSDI and SSI

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.