Child Support
13 Del. C. § 501 — both parents equally, until 18, or 19 for a high school student likely to graduate
The duty to support a child under 18 years of age, whether born in or out of wedlock, rests primarily on the child's parents, and equally on both of them.
Who handles this in Delaware: legal aid programs and the state offices, listed in the Delaware directory.
Past 18, still in high school. Both parents support a child over 18 who is a high school student likely to graduate. The duty ends when the child receives a high school diploma or turns 19, whichever comes first.
In setting the amount, the court considers, among other things, the health, economic condition, income including wages, and earning capacity of the parties and the children, the way they lived when they were under the same roof, and the general equities of the situation.
The Family Court's own support formula, set by court rule, does the arithmetic. How it applies to a particular household are questions for a licensed Delaware attorney.
Sources for this section (2)
- 13 Del. C. § 501 — Duty to support minor child; duty to support child over 18 years of age
- 13 Del. C. § 514 — Determination of amount of support
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.