VERIFIED PETITION TO MODIFY CHILD SUPPORT
Delaware Family Court – [COUNTY]
[// GUIDANCE: This template is drafted for use in the Delaware Family Court. It presumes that the prior support order was issued in Delaware and that the Court retains continuing, exclusive jurisdiction. Practitioners must confirm jurisdiction, venue, and service requirements under current Delaware Family Court Civil Rules before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Continuing Obligations
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title.
VERIFIED PETITION TO MODIFY CHILD SUPPORT (the “Petition”).
1.2 Parties.
(a) “Petitioner”: [LEGAL NAME], [street address], [city], DE [ZIP], [telephone];
(b) “Respondent”: [LEGAL NAME], [street address], [city], DE [ZIP], [telephone].
1.3 Children Subject to Support Order.
Child 1: [NAME], DOB [DATE]
Child 2: [NAME], DOB [DATE]
(Add additional lines as needed.)
1.4 Prior Support Order.
Date Entered: [DATE]
Case/File No.: [NUMBER]
Issuing Court: Delaware Family Court, [COUNTY].
1.5 Effective Date.
This Petition is deemed filed on the date stamped by the Clerk of the Court (the “Filing Date”).
1.6 Jurisdiction & Venue.
Jurisdiction and venue are proper in the Delaware Family Court pursuant to applicable Delaware family law and the continuing, exclusive jurisdiction of this Court over the Prior Support Order.
2. DEFINITIONS
The following terms, when capitalized, shall have the meanings set forth below:
“Current Order” means the child support order referenced in Section 1.4.
“Guidelines” means the Delaware Child Support Formula and calculation guidelines in effect as of the Filing Date.
“Material Change in Circumstances” means any change that, under the Guidelines or Delaware law, warrants adjustment of the Current Order, including but not limited to substantial variance in the parties’ Net Available Income, change in health-care coverage, emancipation of a child, or change in physical custody.
“Net Available Income” means each party’s income after allowable deductions as determined under the Guidelines.
“Proposed Modified Support” means the revised child support amount requested in Section 3.2, calculated in accordance with the Guidelines and detailed in Exhibit A (Child Support Calculation Worksheet).
3. OPERATIVE PROVISIONS
3.1 Grounds for Modification.
Petitioner alleges the existence of a Material Change in Circumstances since entry of the Current Order, specifically:
(a) [DESCRIPTION OF INCOME CHANGE];
(b) [CHANGE IN PARENTING TIME/CUSTODY];
(c) [CHILD CARE/HEALTH-CARE COST CHANGE]; and/or
(d) [OTHER CHANGES].
3.2 Requested Relief.
Petitioner respectfully requests that the Court:
(a) Determine each party’s Net Available Income under the Guidelines;
(b) Enter a modified child support order requiring Respondent/Petitioner (specify) to pay the Proposed Modified Support of $ [AMOUNT] per month, commencing [START DATE];
(c) Allocate responsibility for health-care coverage and unreimbursed medical expenses in accordance with the Guidelines;
(d) Order wage withholding pursuant to applicable Delaware wage-attachment procedures;
(e) Address any child-care cost adjustments as set forth in Exhibit B;
(f) Grant such other and further relief as equity requires.
3.3 Effective Date of Modification.
Unless otherwise ordered, the modified obligation shall be effective retroactive to the first day of the month following the Filing Date.
3.4 Exhibits Incorporated.
Exhibit A – Child Support Calculation Worksheet
Exhibit B – Child-Care Cost Statement
Exhibit C – Financial Disclosure Affidavit of Petitioner
Exhibit D – Proposed Order
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Information.
Each party represents, warrants, and affirms under penalty of perjury that all financial information provided to the Court and to the opposing party in connection with this Petition is true, correct, and complete to the best of that party’s knowledge and belief.
4.2 No Other Pending Proceedings.
Petitioner represents that no other petition or motion seeking modification of the Current Order is presently pending before any court or administrative body.
4.3 Continuing Duty to Supplement.
The parties acknowledge a continuing duty to supplement their financial disclosures if any material inaccuracies or omissions are discovered before final adjudication.
[// GUIDANCE: Delaware Family Court Civil Rule 16.2 imposes ongoing disclosure obligations. Counsel should verify rule numbers before filing.]
5. COVENANTS & CONTINUING OBLIGATIONS
5.1 Cooperation.
Each party shall timely provide all documentation reasonably requested by the other party or ordered by the Court, including tax returns, pay stubs, health-insurance information, and child-care receipts.
5.2 Notice of Future Changes.
For so long as the modified support order remains in effect, each party shall, within ten (10) days of occurrence, provide written notice to the other party of any change in employment, income, health-insurance coverage, or residence.
5.3 Compliance with Modified Order.
Following entry, the parties covenant to comply fully with the modified child support order, including wage withholding and arrearage liquidation provisions.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to comply with document-production obligations under Section 5.1;
(b) Failure to pay child support as ordered;
(c) Failure to maintain required health-care coverage.
6.2 Notice & Cure.
Except for missed support payments (which are immediately actionable), a party alleging default shall provide written notice specifying the default. The defaulting party shall have ten (10) days to cure before additional remedies may be pursued.
6.3 Remedies.
(a) Income withholding/wage garnishment;
(b) Entry of judgment for arrears with statutory interest;
(c) Contempt proceedings, including fines and incarceration;
(d) Interception of state and federal tax refunds;
(e) Suspension of professional, recreational, or driver licenses as permitted by law;
(f) Attorney’s fees and costs as determined by the Court.
6.4 Attorneys’ Fees.
The prevailing party in any enforcement proceeding related to this Petition shall be entitled to reasonable attorneys’ fees and costs, subject to Court approval.
7. RISK ALLOCATION
7.1 Limitation of Liability.
Except as expressly required by Delaware law, neither party shall be liable for consequential or punitive damages arising out of inaccuracies in financial declarations, provided that the party acted in good faith and corrected any inaccuracy promptly upon discovery.
7.2 No Indemnification.
Indemnification obligations are inapplicable to child support matters and are therefore expressly disclaimed.
7.3 Force Majeure.
Temporary inability to pay due solely to acts of God, natural disasters, or similar force-majeure events may constitute a defense to contempt but shall not relieve the obligor of the underlying support debt absent Court order.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Petition and any resulting orders shall be governed by the domestic-relations laws of the State of Delaware.
8.2 Forum Selection.
Exclusive jurisdiction and venue lie in the Delaware Family Court, [COUNTY].
8.3 Arbitration.
Arbitration is not available for child support matters under Delaware law and is expressly waived.
8.4 Jury Waiver.
Jury trial is unavailable in the Delaware Family Court; the issue is therefore moot.
8.5 Injunctive Relief.
The Court’s inherent equitable powers include issuance of income-withholding orders and other injunctive remedies necessary to enforce support obligations.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver.
Any amendment to this Petition or to the modified order must be in writing and approved by the Court. Waiver of any provision shall not be construed as waiver of any other provision.
9.2 Assignment.
Support obligations are for the benefit of the named children and may not be assigned, except to the State of Delaware or other governmental entity as required by law.
9.3 Successors & Assigns.
This Petition binds the parties and their respective heirs, administrators, and permitted assigns.
9.4 Severability.
If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force, and the Court may reform the invalid provision to the minimum extent necessary to comply with law and intent.
9.5 Integration.
This Petition, together with its exhibits, constitutes the entire submission regarding modification of the Current Order and supersedes all prior oral or written statements relating thereto.
9.6 Electronic Signatures & Counterparts.
This Petition may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together constitute one instrument.
10. EXECUTION BLOCK
Executed and verified under penalty of perjury this _ day of _, 20____.
PETITIONER
[PRINTED NAME]
Signature
STATE OF DELAWARE
COUNTY OF ___
Before me, the undersigned Notary Public, personally appeared ____, who, being duly sworn, deposes and says that the foregoing Petition is true and correct to the best of his/her knowledge and belief.
Notary Public
My Commission Expires: ______
[Seal]
RESPONDENT (Optional – if consenting)
[PRINTED NAME]
Signature
[// GUIDANCE: If Respondent does not consent, delete signature line and ensure proper service per Family Court Civil Rule 16.]
ATTORNEY CERTIFICATION (Del. Fam. Ct. Civ. R. 11)
I certify that to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the foregoing Petition is well-grounded in fact and is warranted by existing law or a good-faith argument for its extension, modification, or reversal.
[ATTORNEY NAME], Esquire
Bar I.D. No. [_____]
Attorney for [Petitioner / Respondent]
[Law Firm] – [Address] – [Phone] – [Email]
EXHIBITS (To Be Attached)
Exhibit A – Delaware Child Support Calculation Worksheet
Exhibit B – Child-Care Cost Statement
Exhibit C – Financial Disclosure Affidavit (Form 046)
Exhibit D – Proposed Modified Child Support Order
[// GUIDANCE: Use the latest Family Court forms available on the Delaware Courts website. Double-check form numbers and revision dates.]