2019 Delaware Code
Title 13 - Domestic Relations
Chapter 4. Interstate Withholding Act
§ 401 Purpose and construction; definitions; remedies additional to existing remedies.
(a) The purpose of this chapter is to enhance the enforcement of support obligations by providing a quick and effective procedure for the withholding of income derived in this jurisdiction to enforce support orders of other jurisdictions and by requiring that income withholding, to enforce the support orders of this jurisdiction, be sought in other jurisdictions. This chapter shall be construed liberally to effect that purpose.
(b) As used in this chapter:
(1) “Support order” means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney’s fees and other relief.
(2) “Jurisdiction” means any state, as that term is defined in § 6-102 of this title, or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(3) “Court” means the Family Court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.
(4) “Agency” means the Division of Child Support Services of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.
(5) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is alleged to be the beneficiary of a support order directed to the parent.
(6) “Obligor” means an individual, or the estate of a decedent:
a. Who owes or is alleged to owe a duty of support;
b. Who is alleged but has not been adjudicated to be a parent of a child; or
c. Who is liable under a support order.
(7) “Obligee” means:
a. An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;
b. A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
c. An individual seeking a judgment determining parentage of the individual’s child.
(8) “Income” means income as defined in § 513(b)(5) of this title.
(9) “Obligee-employer” means any payor of income.
(10) “Income derived in this jurisdiction” means any income, the payor of which is subject to the jurisdiction of this State for the purpose of imposing and enforcing income withholding under § 513(b) of this title.
(11) “Medical support” means health care costs incurred for and health insurance coverage that is reasonable in cost for the child of an obligor whose support order requires health insurance coverage. Health insurance is considered reasonable in cost if it is employment-related or other group health insurance regardless of service delivery mechanism.
(c) The remedy herein provided is in addition to, and not in substitution for, any other remedy otherwise available to enforce a support order of another jurisdiction. Relief under this chapter shall not be denied, delayed or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of this remedy.
65 Del. Laws, c. 115, § 1; 69 Del. Laws, c. 445, §§ 1, 2; 71 Del. Laws, c. 216, §§ 13-17; 80 Del. Laws, c. 60, § 10; 80 Del. Laws, c. 234, § 4.
