The Parenting Time Adjustment in Delaware Child Support
Delaware adjusts child support for parenting time in steps: no adjustment under 80 overnights, 10% for 80 to 124, 30% for 125 to 163, and shared placement from 164, where each household is treated as having half of each child.
The overnights table
A parent’s overnights per year, under the currently enforceable contact order or agreement, set a parenting time percentage: 79 or fewer overnights, 0%; 80 to 124, 10%; 125 to 163, 30%; and 164 or more, shared placement. If there is no order or agreement, or practice differs, a party must prove a different number of overnights by clear and convincing evidence.
How the adjustment works
The percentage is multiplied by the other parent’s retained primary support and SOLA (Line 20) to get the parenting time adjustment (Line 22B), which is subtracted from the parent’s gross obligation. In effect, a parent with more overnights keeps part of what the other household is presumed to spend.
What happens as overnights rise
Two children live mainly with their mother. The father earns $6,000 a month and the mother $3,000, with no child care or insurance:
| Overnights with the father | Net monthly obligation |
|---|---|
| 79 or fewer overnights (0%) | $1,517 paid by Father |
| 80 to 124 overnights (10%) | $1,317 paid by Father |
| 125 to 163 overnights (30%) | $918 paid by Father |
| 164 or more overnights: shared placement | $600 paid by Father |
Support falls at 80 and at 125 overnights, and in shared placement each household is treated as having half of each child.
Shared placement
If a child lives equally (more than 163 overnights) in both households, each household is assigned one-half of the child: the Primary Support Allowance is $590 for a half child and $210 more for each additional half, and the SOLA and retained amounts follow. In shared or split placement, no obligation is assessed if the calculation is less than $50 a month, and the minimum order does not apply.
Shared incidental expenses
Parents with shared placement are expected to share equally in incidental expenses that would otherwise be borne by a primary residential parent, such as haircuts, school lunches, instrument rentals, school supplies, school project supplies, mandatory fees for local recreational sports or extracurricular activities and local field trips. Failure to do so can result in sanctions, including calculating support as if the child lived primarily with the other parent.
Questions to bring to an attorney
Ask which number of overnights the court will use, whether your actual schedule matches the order, how a change in the schedule would move the percentage bracket, and whether shared placement would remove the minimum order. Overnight counts near 80, 125 and 164 matter most.
Try your own schedule
Use the overnights slider in the Delaware child support calculator to see how the brackets change the result. How the whole formula fits together is in how the Melson Formula works.
Frequently asked questions
How many overnights reduce child support in Delaware?
80 to 124 overnights earns a 10% parenting time adjustment, and 125 to 163 earns 30%. Fewer than 80 earns none.
What counts as shared placement in Delaware?
A child who lives equally, meaning more than 163 overnights, in both households. Each household is assigned one-half of the child in the formula.
Is there a minimum order in shared placement in Delaware?
No. In shared or split placement, no obligation is assessed when the calculation is less than $50 a month.
How are overnights proven in Delaware?
By the currently enforceable contact order or agreement. If there is none, or practice differs, a party must prove a different number by clear and convincing evidence.
Do both parents pay incidental expenses in shared placement in Delaware?
Yes. Parents are expected to share incidental expenses such as haircuts, school lunches and school supplies equally.
Official sources
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.