Child Support Past 18 in Delaware: High School Graduation and Age Limits

By the FigureMyTax Editorial Team · How we calculate

In Delaware, current child support terminates by operation of law when all minor children reach 18. For a child over 18 who is in high school and likely to graduate it runs until the diploma or age 19, whichever comes first.

What is the child support age limit in Delaware?

Eighteen. The duty to support a child under 18, whether born in or out of wedlock, rests primarily on the child’s parents and equally on both (13 Del. C. 501(a), (c)). An order of current support entered by the Family Court or a Delaware court terminates by operation of law when all minor children subject to it have reached 18 (517(a)).

Does child support continue through high school in Delaware?

Yes. Both parents have a duty to support a child over 18 who is a student in high school and is likely to graduate, and the duty ends when the child receives a high school diploma or reaches 19, whichever happens first (501(d)). If a child over 18 is still enrolled in high school, current support terminates by operation of law at that point (517(a)).

What date does Delaware child support end? Examples

The usual end date is the 18th birthday, and the high school extension is bounded by the 19th:

Try your own date in the Delaware child support end date calculator.

Does the order end by itself?

Usually yes. The Family Court says that if the order terminates by operation of law at the age limits, or because custody of all the children moves to the obligated parent, you do not need to file anything, and the Division may send a Notice of Administrative Adjustment. If you do not receive one and believe support should have ended, you may file a Notice and Motion to Revoke Child Support, which is allowed only where current support terminated by operation of law for all children or arrears have been paid.

What if there are several children?

Termination by operation of law applies when all minor children subject to the order have reached 18 (or the diploma or 19). To reduce the amount when one of several children ages out, file a petition to modify; see the modification rules.

How does the 19th birthday cap work? Examples

A child who turns 18 in March of senior year usually graduates in June, so support runs to the diploma, not to the 19th birthday. The cap matters only for a child still enrolled at 19:

The statute says whichever occurs first: the diploma or age 19, and the child must be a high school student likely to graduate.

Does a custody change end support?

Yes, if custody of all the children on the order is transferred to the obligated parent by an order of a court or by the written voluntary agreement of the parents. If the Court orders a change of primary residential placement, the parent must give DCSS a copy of the order so an administrative adjustment can be made (517(b)).

Do arrears end when child support ends?

No. The obligation to pay arrears or past-due support ends only when all of it has been paid (517(c)). See the Delaware child support arrears calculator and how long 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

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.