Rule 500 - Delaware Child Support Formula; General Principles(a) Rebuttable Presumption.--(1) The Delaware Child Support Formula (the "Formula") shall serve as a rebuttable presumption for the establishment and modification of child support obligations in the State of Delaware. The Formula shall be rebutted upon a preponderance of the evidence that the results are not in the best interest of the child or are inequitable to the parties. Every contested order deviating from the Formula shall state the factual findings and reasoning for the deviation.(2) Every contested order that rebuts the presumptive applicability of the Formula on grounds the results are not in the best interest of the children or inequitable to the parties shall be archived for analysis at the next quadrennial review and update as provided in subsection (b). Application of the evidentiary presumptions within the Formula (Rules 500-510) constitute the application of the Formula and not a deviation from the Formula.(3) The Court may decline to adopt any agreement deviating from the Formula that is clearly contrary to the best interest of the child. Any consent order resolving new support or modification of support petitions must have attached a calculation pursuant to the Formula, whether it is one utilized or one from which there is a deviation.(b) Review, Update and adjustment.-- The Delaware Child Support Formula shall be reviewed and updated no less than every four years with revisions implemented not later than February 1 of the year following each quadrennial review. The numerical values utilized in the Formula will be adjusted not later than February 1 of each year utilizing predetermined objective criteria. The Court will create appropriate forms, tables and instructions to facilitate consistent and accurate application of the Formula. (c) The rules in effect at the time of a hearing or mediation apply to all prospective and retroactive determinations of support. However, if a hearing commences prior to an amendment of these rules but is not completed until after the amendment, then the prior rules shall apply up until the effective date of the amendment.(d)Notice; Admissibility of Reports(1) Any notice for mediation or a hearing to be conducted under the Formula shall include, in plain language, an advisory that parties are obligated to bring a Child Support Financial Disclosure Report pursuant to Rule 16(a) with adequate supporting documentation.(2) Any notice for mediation or a hearing under this rule shall also advise the parties that quarterly wage reports provided by their employer(s) to the state and federal Departments of Labor may be presented in any case involving the Division of Child Support Services. The notice must advise the parties that these reports are available to the parties prior to the mediation or hearing upon request to the Delaware Department of Justice, Child Support Unit (DOJ). Contact information for the DOJ must be included in the notice.(3) At any mediation or hearing conducted under the Formula, the Court may consider representations of income for each party as reported by employers to the state or federal Departments of Labor. Income reports provided by the state or federal Departments of Labor shall be presumptively admissible evidence without further authentication. If the contents of a report admitted under this rule are materially contradicted by credible documentation of income or testimony during a hearing, or if a party did not receive notice that the income reports could be presented at the hearing, then the Court may in its discretion disregard the report or provide the parties at least ten (10) days to submit further documentation to resolve the discrepancy. All but the last four (4) digits of any Social Security number shall be redacted. Further redaction may occur upon leave of court for good cause shown.(4) A fully executed Child Support Disclosure Report with authorized documentation may be admitted into evidence as a single exhibit subject to challenge of its individual components.Del. Fam. Ct. R. Civ. P. 500
Amended January 28, 2015, eff. 4/20/2015; amended November 8, 2018, effective 2/1/2019; amended July 10, 2020, effective 11/1/2020; amended December 6, 2022, effective 2/1/2023.