AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.
What changed between versions
The bill's core purpose changed from clarifying which formula applies to child support calculations for DSCYF children to creating a presumption that parents are not liable at all for those costs, with liability only possible if the Family Court finds payments will not hinder reunification.
A new reunification barrier test was added: the Family Court may order child support payments only if it finds they 'will not pose a barrier to proposed reunification efforts.' This makes reunification status the gating condition for any parental liability.
If the court does find a parent liable, the amount must be based on ability to pay and calculated in accordance with Section 7940 (the Delaware Child Support Formula).
The Department of Services for Children, Youth and Their Families is authorized to bring recovery actions in any court of competent jurisdiction to collect moneys owed for a child's care, maintenance, and support.
All fees collected under this section must be deposited into the General Fund.
A prospective application clause was added: the Act applies only to liabilities incurred after its effective date and does not affect collection, payment, or imposition of liabilities incurred before that date.
