Modifying Child Support After Job Loss, Disability or Incarceration in Delaware
Delaware child support does not drop on its own after a job loss or incarceration. File and mail a petition quickly: a new order starts 3 days after mailing at the earliest, and a parent jailed over 180 days may see the order drop to half a minimum order.
Can you lower child support after a job loss in Delaware?
Yes, by petition, and a job loss is the kind of change the Family Court lists: a substantial change in income. If support was set more than 2½ years ago you need no particularity showing and no 10% change; if less, you need both. The petition must be mailed first, because the new order can start no earlier than 3 days after mailing (Form 342; 13 Del. C. 513(d)).
How does the Court treat a job loss in the formula?
Under the Family Court’s formula instructions (Form 509i), a parent who loses employment involuntarily and through no fault of their own is imputed the greater of one-half of prior income, any unemployment compensation received, or the presumptive minimum income. Parents who receive unemployment compensation are presumed to have lost the job without fault. Unemployment of more than 6 months is presumed voluntary, and parents who do not receive unemployment compensation are presumed to have left voluntarily or been fired for misconduct (Form 509i).
What is the presumptive minimum income?
If income is undocumented, a parent is voluntarily or misconduct-related unemployed or underemployed, or a parent fails to appear, income is imputed at not less than the presumptive minimum income, currently $2,390 a month (the statewide entry-level wage at 150 hours a month, updated annually). A parent in an appropriate job but working under 35 hours a week is imputed at least 35 hours.
Can Delaware child support be lowered while incarcerated?
The obligation of an incarcerated parent is based on pre-incarceration circumstances for the first 180 days of continuous confinement. After that, if the parent lacks resources, the obligation drops to one-half of a minimum order, automatically on the 181st day for orders issued after January 31, 2019; earlier orders need a modification petition. Incarceration is not a ground to modify support last calculated within 2½ years, and the exceptions for crimes against the recipient or for nonpayment still apply in some older orders.
How much does waiting cost? An example
Say income drops on January 15 and the petition is mailed on March 1, with a monthly reduction of:
| Reduction the Court later orders | Relief lost for the 1.5 months before mailing |
|---|---|
| $300 | $450 |
| $500 | $750 |
| $800 | $1,200 |
File and mail as soon as the change happens.
What proof helps?
| Situation | What to bring |
|---|---|
| Job loss | Termination notice, last pay stubs, unemployment award, job-search record |
| Disability | Physician’s statement and any SSDI or SSI award |
| Incarceration | The sentence, custody record and release date |
| Reduced hours | Pay stubs before and after the change |
What should you do first?
- File Form 342 and have it mailed now.
- Keep paying what you can: unpaid support stays owed (see how long arrears last).
- Check the numbers in the Delaware child support modification calculator.
Frequently asked questions
Does Delaware lower child support automatically after a job loss?
No. You must file a petition, and the change can start no earlier than 3 days after it is mailed.
How does Delaware treat a parent who loses a job without fault?
The parent is imputed the greater of half of prior income, unemployment compensation received or the presumptive minimum income; unemployment over 6 months is presumed voluntary.
What happens to Delaware child support during incarceration?
It is based on pre-incarceration circumstances for 180 days, then drops to one-half of a minimum order for a parent without resources.
Is incarceration a ground to modify recent Delaware support?
Not for support last calculated within 2½ years.
What is the Delaware presumptive minimum income?
Currently $2,390 a month, the statewide entry-level wage at 150 hours a month, updated annually.
Official sources
- Delaware Family Court: Frequently Asked Questions About Child Support and Form 509i instructions
- Delaware Family Court: Form 342, Petition for Child Support Modification
- Delaware Division of Child Support Services: modification of existing orders
- 13 Del. C. 513: judgment; order of support; modification
- 42 U.S.C. 666(a)(9): no retroactive modification of support already due
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.