Child Support Modification

PETITION FOR CHILD SUPPORT MODIFICATION

FORM 342 PREPARATION COMPANION

Official form verified: Delaware Family Court Form 342 (Rev. 04/26)

Use note: Transfer the completed information to the Court's current Form 342. Do not file this companion in place of the official form unless the Family Court expressly accepts it.

Requested direction: ☐ Increase ☐ Decrease

1. PARTY INFORMATION

1.1 Petitioner

Petitioner information required by current Form 342

1.2 Respondent

Respondent information required by current Form 342

Safety note: If an address is confidential or disclosure may violate a no-contact or protection order, use the Family Court's confidential-address procedure rather than placing the protected address in a publicly available copy.

2. CHILDREN SUBJECT TO THE ORDER

Children included in the existing support order

3. EXISTING CHILD SUPPORT ORDER

Date current support was last determined or calculated: [DATE]

Court or agency that entered the order: [COURT / AGENCY]

File, petition, or order number: [NUMBER]

Current monthly support amount: $[AMOUNT]

Current arrears-payment amount, if any: $[AMOUNT OR 0]

Current medical-support terms: [DESCRIBE]

Attach or bring a complete copy of the current order if required by the Court or needed to identify the terms at issue.

4. MODIFICATION TRACK

Select the one track that applies.

4.1 More Than Two-and-One-Half Years

• ☐ More than two-and-one-half years have passed since current support was last determined or calculated.

Under Family Court Civil Rule 508(b), the particularity and greater-than-10% requirements do not apply beyond two-and-one-half years. The Court still recalculates support under the current Delaware Child Support Formula and determines whether modification is warranted.

4.2 Within Two-and-One-Half Years

• ☐ Two-and-one-half years or less have passed since current support was last determined or calculated.

The substantial change of circumstances is not caused by Petitioner's voluntary or wrongful conduct and concerns:

• ☐ Income or allowable deductions
• ☐ Health-insurance cost or availability
• ☐ Daycare or private-school tuition
• ☐ Number of minor children included in this support order
• ☐ Number of other minor children Petitioner or Respondent must support
• ☐ Other: [DESCRIBE]

Describe with particularity exactly what changed, when it changed, why it was not caused by Petitioner's voluntary or wrongful conduct, and the supporting documents:

[DETAILED FACTS]

Under Family Court Civil Rule 508(a), no within-period modification will be ordered unless the new Formula calculation produces a change of more than 10%.

5. FACTS SUPPORTING RECALCULATION

5.1 Income and Earning Capacity

Petitioner's current employment, gross income, and material change: [DESCRIBE]

Respondent's current employment, gross income, and material change, if known: [DESCRIBE]

Periods of unemployment, disability, incarceration, or other earning-capacity issues: [DESCRIBE OR "NONE"]

5.2 Child-Related Expenses

Work-related childcare: [PROVIDER, MONTHLY COST, WHO PAYS]

Health-insurance premium attributable to the children: [AMOUNT, WHO PAYS]

Unreimbursed medical or other special needs: [DESCRIBE]

Private-school expense, if claimed: [DESCRIBE AND BASIS]

5.3 Residence and Parenting Arrangement

Current residence schedule for each child: [DESCRIBE OVERNIGHTS AND HOUSEHOLD]

Change since the last support determination: [DESCRIBE]

These facts are supplied for the Formula calculation. Do not use a child-support petition as a substitute for a separate custody or visitation filing when an order governing those issues must be changed.

5.4 Other Dependents

Other natural or adopted children supported by Petitioner: [LIST OR "NONE"]

Other natural or adopted children supported by Respondent, if known: [LIST OR "UNKNOWN"]

6. REQUEST FOR RELIEF

Petitioner requests that the Family Court:

1. Recalculate current child support under the Delaware Child Support Formula in effect at the mediation or hearing;
2. Modify the current order upward or downward as the calculation and evidence warrant;
3. Determine or modify medical support as required by 13 Del. C. § 513(d)(3);
4. Apply immediate income withholding under 13 Del. C. § 513(b) unless the statutory good-cause or written-alternative-arrangement exception applies;
5. Make any modification effective no earlier than the notice date permitted by 13 Del. C. § 513(d)(2); and
6. Award any other relief supported by the evidence and current law, including fees only if justified under the factors in 13 Del. C. § 513(a)(5).

Requested modified amount, if a current Formula calculation is available: $[AMOUNT] per month.

The requested amount is an estimate and does not limit the Court. Under Family Court Civil Rule 508(c), the obligation may increase or decrease, and the payor and payee may be reversed, regardless of which party filed the petition.

7. REQUIRED ACKNOWLEDGMENTS

Petitioner acknowledges:

• A petition filed within two-and-one-half years must satisfy Rule 508's particularity and greater-than-10% requirements, subject to the limited exceptions stated in the Rules.
• A revision or annual adjustment to the Delaware Child Support Formula alone is not a sufficient change of circumstances under Rule 508(d).
• Loss of a license and incarceration for nonpayment of child support are not, by themselves, grounds for modification as stated on current Form 342.
• The existing order remains enforceable unless and until the Court enters a modified order.
• A modified order cannot reach a period before notice of the petition became effective under 13 Del. C. § 513(d)(2). For regular mail, that statute uses the earliest of delivery, first attempted delivery, or three days after posting.
• The Court may modify the obligation in either direction regardless of the relief Petitioner expected.
• If the required modification track is not properly completed, the petition may be dismissed.

8. SIGNATURE

Family Court Civil Rule 11 requires the petition to be signed by counsel or, if unrepresented, by the party. Current Form 342 does not prescribe a separate notary block for the petition.

Petitioner or Attorney — Printed Name: [NAME]

Signature: ____________________________________

Date: [DATE]

Address: [ADDRESS]

Telephone: [PHONE]

Email: [EMAIL]

By signing or presenting the petition, the signer makes the certifications stated in Family Court Civil Rule 11(b), including that the filing is not for an improper purpose and that the factual and legal contentions have the support required by that Rule.

9. FILING AND HEARING CHECKLIST

• ☐ Complete the current Form 342 and the Court's required Information Sheet.
• ☐ Confirm the correct county, file number, party roles, and date current support was last determined.
• ☐ Select the correct Rule 508 track and provide particular facts if filing within two-and-one-half years.
• ☐ Keep a copy of the filed petition and all attachments.
• ☐ Follow the Court's service process; current Form 342 states that modification summonses are sent by the Court by regular mail.
• ☐ Complete the current Child Support Financial Disclosure Report and gather the documents required by its instructions.
• ☐ For mediation, bring the completed report and attachments; Rule 16(a) provides for notarization at the mediation conference.
• ☐ If mediation will not occur, exchange the report and attachments at least seven calendar days before the first court appearance and bring a copy for notarization at that appearance.
• ☐ Use the current 2026 Formula worksheet or the Family Court's automated calculation; do not rely on an older allowance table.
• ☐ Attach a Formula calculation to any proposed consent order resolving the modification petition, as required by Rule 500(a)(3).
• ☐ Continue paying or receiving support under the existing order until a new order is entered.

OFFICIAL SOURCES VERIFIED

• Delaware Code, 13 Del. C. §§ 501-509: https://delcode.delaware.gov/title13/c005/sc01/index.html
• Delaware Code, 13 Del. C. §§ 511-520: https://delcode.delaware.gov/title13/c005/sc02/index.html
• Delaware Family Court, Rules of Civil Procedure (including Rules 3, 11, 16, and 500-510): https://courts.delaware.gov/forms/download.aspx?id=39308
• Delaware Family Court, Petition for Child Support Modification, Form 342 (Rev. 04/26): https://courts.delaware.gov/forms/download.aspx?id=8398
• Delaware Family Court, Instructions for Child Support Calculation, Form 509i (Rev. 02/26): https://courts.delaware.gov/forms/download.aspx?id=109568
• Delaware Family Court, Frequently Asked Questions About Child Support (Rev. 02/26): https://courts.delaware.gov/forms/download.aspx?id=122518

This companion removes contract provisions, automatic remedy claims, and execution language that do not belong in Delaware Form 342.