Parent Information
Children & Custody
Expenses & Additional Factors
Understanding the Melson Formula
The Delaware Child Support Guidelines, often referred to as the "Melson Formula," are designed to ensure that children receive the same level of financial support they would have if their parents lived together. It's an income-shares model that considers both parents' earnings and the needs of the children.
The process involves several key steps:
- Determine Gross Income: All income from all sources is considered, including wages, salaries, bonuses, commissions, and self-employment earnings.
- Adjust for Deductions: Certain mandatory deductions like taxes, Social Security, and union dues are subtracted. A self-support reserve is also set aside for each parent to ensure their basic needs are met.
- Calculate Primary Support: A basic amount is allocated for each child's needs (food, clothing, housing). This amount is adjusted based on the parents' combined net income.
- Add Child-Related Expenses: Costs like work-related childcare, health insurance premiums, and extraordinary medical expenses are added to the total support obligation.
- Apply Parenting Time Adjustment: The parent with significant overnights may receive a credit, reducing their payment obligation to reflect the direct expenses they incur during parenting time.
- Determine Each Parent's Share: The total support amount is divided between the parents based on their proportion of the combined net income. The higher-earning parent typically pays the difference to the lower-earning parent.
Frequently Asked Questions
Child support orders can be modified if there is a material change in circumstances, such as a significant increase or decrease in either parent's income, job loss, or a change in the child's needs. You must file a petition with the Family Court to request a modification.
The cost of adding the child(ren) to a parent's health insurance plan is typically added to the basic child support obligation. The cost is then prorated between the parents according to their income shares, and the parent who provides the insurance receives a credit for their portion of the premium.
In Delaware, the court can order parents to contribute to college expenses for a child who is incapable of self-support because of a mental or physical disability. For other children, support generally ends at age 18 or upon high school graduation, whichever occurs later, but agreements can be made to cover post-secondary education.
Even with 50/50 physical custody, child support may still be paid if there is a significant difference in the parents' incomes. The formula calculates support as if one parent had primary custody, then applies a credit to the paying parent for their share of direct expenses during their parenting time. The higher earner often still pays the lower earner to balance the households.
Key Factors Influencing Your Support Amount
Parental Income
The most significant factor. The combined net income of both parents determines the total support pool, and each parent's share is based on their individual contribution to that total.
Number of Children
More children mean a higher total support obligation. The per-child amount decreases slightly for each additional child to reflect economies of scale in a household.
Healthcare Costs
Uninsured medical expenses and the cost of health insurance premiums for the children are added to the support calculation and shared by both parents.
Childcare Expenses
Work-related childcare costs are a mandatory add-on. These expenses are necessary for a parent to maintain employment and are factored into the total support need.
Parenting Time
The number of overnights a child spends with each parent can lead to a credit. More overnights mean the parent incurs more direct costs, which can reduce their cash payment.
Other Dependents
If a parent supports other children from a different relationship, it can slightly reduce their net available income for this calculation, acknowledging their other support obligations.
Legal Resources & Next Steps
While this calculator provides a helpful estimate, navigating the legal system requires accurate information and proper procedures. Below are essential resources to help you understand your rights and responsibilities.
- Delaware Family Court: The official source for forms, guidelines, and procedural information. You can find Form 509 (Child Support Guidelines Worksheet) and detailed instructions on their website.
- Delaware Division of Child Support Services (DCSS): Provides services to help establish and enforce child support orders. They can assist with locating a parent, establishing paternity, and collecting payments. Visit the DCSS website for more information.
- Legal Aid: If you cannot afford an attorney, you may qualify for assistance. Delaware Legal Aid Society offers free civil legal services to eligible low-income residents.
- State Bar Association: The Delaware State Bar Association can provide a lawyer referral service to help you find a qualified family law attorney in your area.
