2012 Delaware Code
Title 13 - Domestic Relations
CHAPTER 4. INTERSTATE WITHHOLDING ACT
§ 411. Choice of law.


13 DE Code § 411 (2012 through 146th Gen Ass) What's This?

(a) The law of this State shall apply in all actions and proceedings concerning the issuance, enforcement and duration of income withholding orders issued by a court of this State, which is based upon a support order of another jurisdiction entered pursuant to § 403 of this title, except as provided in subsections (b), (c) and (d) of this section.

(b) The law of the jurisdiction which issued the support order shall govern the following:

(1) The interpretation of the support order entered under § 403 of this title, including amount, form of payment and the duration of support;

(2) The amount of support arrearages necessary to require the issuance of an income withholding order; and

(3) The definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including but not limited to interest, attorney's fees, court costs and costs of paternity testing.

(c) The court shall apply the statute of limitations for maintaining an action on arrearages of support payments of either the law of this State or of the state which issued the support order entered under this chapter, whichever is longer.

(d) An employer who receives an income withholding order or notice issued by another state shall apply the income withholding law of the state of the obligor's principal place of employment in determining:

(1) The employer's fee for processing the income withholder order;

(2) The maximum amount permitted to be withheld from the obligor's income;

(3) The time periods within which the employer must implement the income withholding order and forward the child support payment;

(4) The priorities for withholding and allocating income for multiple child support obligees; and

(5) Any withholding terms or conditions not specified in the order.

65 Del. Laws, c. 115, § 1; 71 Del. Laws, c. 216, §§ 25, 26.;

Disclaimer: These codes may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.