2019 Delaware Code
Title 13 - Domestic Relations
Chapter 5. Desertion and Support
Subchapter I Duty to Support
§ 508 Jurisdiction in Family Court; enforcement of support orders entered by Superior Court.
The Family Court of this State has the power to enforce any support order entered by the Superior Court pursuant to Chapter 15 of this title and to modify or terminate the support obligation decreed by any such order within the following limitations:
(1) Where a divorce decree has been entered by the Superior Court and, under the terms of such decree, the petitioner therein (respondent herein) has been ordered to make periodic support payments to the respondent therein (petitioner herein), a proceeding may be brought in the Family Court under this section for the enforcement of any such order and for the modification or termination of the support obligation decreed thereby;
(2) Proceedings shall be brought in the county wherein respondent resides or is found or in the county wherein petitioner resides if respondent does not reside or cannot be found in this State;
(3) Proceedings shall be instituted by petition. The petition shall be verified and shall state the name and, so far as is known to the petitioner, the address and circumstances of the respondent, shall identify the divorce decree, shall include as an exhibit thereto a certified copy of such decree and shall state any other pertinent information and the relief prayed for. A minor shall be represented by a guardian ad litem;
(4) The Family Court, after a hearing, may enter 1 or more of the following orders appropriate under the actual circumstances:
a. An order requiring respondent to comply with the support obligation specified in the Superior Court decree;
b. An order requiring respondent to comply with the support order set forth in the Superior Court decree as modified by the Family Court;
c. An order terminating the support obligation set forth in the Superior Court decree;
d. An order dismissing the petition;
e. An order cancelling or reducing support arrearages;
f. An order taxing the costs and reasonable attorneys’ fees incurred in these proceedings against respondent or petitioner;
g. An order requiring respondent to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the Family Court may deem proper to assure payment of any amount required to be paid by respondent;
h. An order requiring respondent to make payments at specified intervals to the Family Court and to report personally to the Family Court at such times as may be deemed necessary; or
i. An order punishing respondent, who shall violate any order of the Family Court, to the same extent as is provided for by law for contempt of the Court in any other suit or proceeding cognizable by the Court;
(5) Participation in any proceedings under this section shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding.
60 Del. Laws, c. 335, § 1.