Delaware child support is based on the number of overnight visits
Delaware uses overnights, or where the children sleep, as the basis for figuring custody timeshare percentages in its child support formula.
Besides income, overnight totals are a key part of the Delaware child support formula. Your overnights directly affect your child support, whether you pay or receive. Use the calculator above to see how much you will owe or receive under this formula.
Most overnight totals are estimates (and thus incorrect)
Delaware lawyers and judges often rely on overnight estimates, even if they are incorrect, because counting overnights is tedious and time consuming. Divorcing parents often rely on these estimates as well.
Using estimates means your overnight totals are wrong when compared to your actual parenting time schedule. This means your child support amount will not be fair or exact.
How to calculate overnights instead of relying on estimates
To calculate overnights, the easiest and most accurate way is to use software. Without software, you're forced to count each night for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year.
Using software, you can also tweak your schedule to see how even little changes affect your total overnights, and you can see how your overnights change each year due to holidays and other events.
You can also track what actually happens, and show how many overnights you've actually received for any period of time. Historical information is a powerful tool when you request a child support modification or when you request more parenting time.
Fast facts on child custody and child support in Delaware
In any divorce, Delaware family courts award custody of the children to one or both parents. Custody is divided into legal custody and physical custody. A parenting time percentage is included in the child support formula for joint custody only.
Delaware sole physical custody: The children reside with and are supervised by the residential parent, while the other parent is entitled to overnight visitations. In Delaware, sole physical custody is given to the parent with whom the children spend the most time with. The nonresidential parent can host up to 163 overnights.
Delaware joint physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children. Parenting time for joint custody requires children to spend at least 164 overnights with the nonresidential parent.
Delaware child support formula and parenting time adjustment
Delaware family courts use a formula that considers both parents' incomes and the needs of the child to arrive at a monthly child support amount. The parenting time percentage adjustment only figures into sole physical custody cases.
Parenting time percentage credit in Delaware is determined by overnights:
- Up to 79 overnights is 0% credit
- 80 to 124 overnights is 10% credit
- 125 to 163 overnights is 30% credit
The nonresidential parent generally pays the residential parent the child support.
The joint custody formula doesn't allow a parenting time percentage adjustment toward child support. The higher earner pays the lower earner.
Examples of sole child custody and Delaware child support
Consider the hypothetical case of Robert and Mary. Robert earns $4,000 per month, while Mary earns $2,400 per month. They have two children.
See how the child support amounts change in these examples:
- Scenario #1: Robert is the nonresidential parent, and is scheduled to host the children for fewer than 80 overnights per year. He does not qualify for a parenting time percentage adjustment. He is required to pay $1,130 in child support to Mary.
- Scenario #2: Robert hosts the children for 110 overnights. This gives him a 10% credit, so he pays $977 in child support to Mary.
- Scenario #3: Robert hosts the children for 135 nights. This gives him a 30% credit, so he pays $671 in child support to Mary.
If Mary were the nonresidential parent, she would pay Robert child support and would qualify for the parenting time adjustment credit based on the number of overnights she hosted.
Examples of the shared custody formula in Delaware child support
Consider the hypothetical case of Robert and Mary. Robert earns $4,000 per month, while Mary earns $2,400 per month. They have two children.
See how the child support amounts change in these examples:
- Scenario #1: If Robert and Mary agree to an approximate 50/50 split, around 182 overnights, Robert would pay $435 in child support to Mary. This is because he is the higher earner and must pay the net difference.
- Scenario #2: If Robert and Mary agree to a 50/50 split and both earn the same amount of money, there would be no child support paid or received.
- Scenario #3: If Robert and Mary agree to a 50/50 split and she makes more money, such as $4800 per month, she would pay $155 in child support to Robert. This is because she is the higher earner.
In shared custody support cases, the Delaware Child Support Formula determines that each parent keeps a portion of the combined support obligation in their own homes. The higher earner pays the lower earner to ensure the children enjoy the same standard of living at both households.
Other factors in the Delaware child support formula
Delaware's child support formula uses the following information to calculate your monthly amounts for shared custody child support:
- Overnights: Unlike some states, Delaware does not factor in daytime visitations into a child support formula — only overnights. The nonresidential parent must host the children between 80 and 124 overnights to qualify for sole custody and a parenting time credit. More than 163 overnights results in shared custody.
- Eligible children: Qualifying children in Delaware must be under the age of 19 or still in high school. Disabled children who must remain with the residential parent may require child support past these limits.
- Gross earnings: Gross earnings are established based on tax records and current pay stubs. Delaware law requires the use of both parents' incomes from the equivalent of one full-time job to determine a child support amount.
- Certain expenses: There are some factors that allow for an adjustment of the income, including health insurance premiums for the children, support for other children and child care expenses, for example.
How accurate child support helps your children
Paying accurate child support helps your children in several ways, primarily because it ensures their financial needs are met.
Here are some other reasons why accurate overnight numbers help you, the other parent and your children:
- It provides a fair way to determine your child support amounts
- It guarantees the child support amount reflects each parent's responsibilities
- It allows for modifications if your actual time and scheduled time are different
- It is compliant with Delaware law
Your financial obligations to your children don't end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount.
Top 5 things to remember about Delaware child support and overnights
To ensure you are paying or receiving the right amount of child support in Delaware, remember these 5 things:
- Child support in Delaware is determined by the Family Court's Child Support Formula. See the Delaware Instructions for Child Support Calculation and the Family Court Rules of Civil Procedure 500–510.
- Sole physical custody child support formulas include a parenting time credit based on the number of overnights that the nonresidential parent hosts the children.
- The higher the parenting time percentage, the lower the child support amount, generally.
- Joint physical custody child support formulas assume a 50/50 parenting time split, approximately 182 days per parent. No parenting time credits figure into the formula.
Use Custody X Change software to create a custody schedule that will quickly calculate the total overnights for the Delaware child support formula.
As you negotiate what kind of custody schedule will best fit your needs, the software will accurately calculate your parenting time percentage.