What is a motion for contempt called in Delaware?

Delaware calls it a Petition for Rule to Show Cause, filed under Family Court Civil Rule 70(b) in the same cause as the underlying order. For a support order specifically, the statute describes it as a hearing on a rule to show cause under 13 Del. C. § 516(a).

Is there an official form for a Delaware contempt petition?

The Family Court's own child support guidance refers to filing a Rule to Show Cause Petition. Ask the Clerk of the Family Court in the county where your case is open which form to use before you file, since local practice can differ.

How many days of notice does a Delaware show cause hearing require?

Family Court Civil Rule 70(b) itself does not set a number of days of notice before a show cause hearing. Confirm the hearing date and any response deadline with the Clerk before you file.

Does Delaware increase the support owed when the other parent stops paying?

Yes. Once arrears have accrued for 90 days and the order does not already provide for paying them down, the paying parent's support amount increases by operation of law, with no separate court filing, by 10 percent of the current order or $5, whichever is greater. Separately, if the Court finds the obligor owes $1,000 or more in arrears and is 30 or more days delinquent for reasons that are wilful, the Court may order suspension of the obligor's driver's, professional, occupational, business, or recreational license.

Can Delaware's child support agency collect what I'm owed without me filing for contempt?

Yes. The Division of Child Support Services can pursue income withholding, administratively add amounts toward arrears, send demand letters, intercept state and federal tax refunds, use attachment or garnishment, and even initiate its own contempt proceeding on a support case it is enforcing under Title IV-D of the Social Security Act, all without the parent filing a petition.

Delaware Motion for Contempt

Q: Can the other parent go to jail for contempt in Delaware?

Jail is not automatic. The Court decides whether contempt occurred, and for a support order it cannot commit a respondent to the Department of Correction unless the respondent had actual clear notice of the order and had the ability to pay but wilfully failed to substantially comply. Even then, the respondent must be given a purge condition, a way to avoid or end commitment by meeting a term the Court sets.

Q: What if I could not afford to pay child support in Delaware?

Ability to pay is central to Delaware's support contempt law: the Court cannot order commitment to the Department of Correction unless it finds the respondent had actual clear notice of the order and the ability to pay but wilfully failed to substantially comply. Inability to pay bars commitment, but the Court may still find contempt and attach income, and Family Court's own guidance notes that a respondent facing possible jail may request appointed counsel if found indigent.

Q: Is there another way to enforce parenting time in Delaware besides filing for contempt?

Yes. 13 Del. C. § 728 is a separate, non-contempt statute for denied custody, residence, or visitation time, and it can be used instead of, or as well as, contempt. It does not require proving wilfulness, and if the Court finds a violation it must impose one or more of extra make up visitation, a temporary transfer of custody or primary residence for up to 30 days, or a surcharge assessed against the parent with rights of visitation of up to 10 percent of the visiting parent's monthly child support obligation per violation, and it must order the interfering parent to pay the other parent's costs and reasonable attorney's fees.

For denied parenting time, Delaware adds a separate enforcement statute, usable instead of or as well as contempt, that carries mandatory attorney's fees and needs no showing of wilfulness.

Find out where you stand in Delaware

What court order is not being followed?

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Introduction

Delaware enforces a family court order through a Petition for Rule to Show Cause, filed in the same cause and case number as the underlying order, under Family Court Civil Rule 70(b); for a child or spousal support order, the statute frames it as a hearing on a rule to show cause under 13 Del. C. § 516(a). The Family Court's own child support guidance refers to filing a Rule to Show Cause Petition; ask the Clerk of the Family Court in your county which form to use before you file. A support-related contempt matter is heard first before a Master or Commissioner, not a Judge, as expedited process under Family Court Civil Rule 300(a)(2). Once the petition and affidavit are filed, the respondent is served under Family Court Civil Rule 4(d)(1): personal delivery, leaving a copy at the respondent's dwelling with someone of suitable age and discretion who lives there, or delivery to an authorized agent, carried out by the sheriff, a sheriff's deputy, or another person the Court appoints. Rule 70(b) itself asks only for an affidavit showing service on the respondent, or that the respondent has knowledge of the order, along with the facts of the noncompliance; Rule 70(b) itself does not set a number of days of notice before the show cause hearing, so confirm the hearing date and any response deadline with the Clerk. For a support order, the Court cannot commit a respondent to the Department of Correction unless the respondent had actual clear notice of the order and had the ability to pay but wilfully failed to substantially comply, and the respondent must be given the chance to avoid or end that commitment by meeting a purge condition the Court sets. Delaware also layers in two escalators for unpaid support: once arrears have accrued for 90 days and the order does not already provide for paying them down, the support amount increases by operation of law, with no separate court filing, by 10 percent of the current order or $5, whichever is greater, and if the Court finds an obligor owes $1,000 or more in arrears and is 30 or more days delinquent for reasons that are wilful, the Court may order suspension of the obligor's driver's, professional, occupational, business, or recreational license. For denied parenting time specifically, Delaware offers a separate, non-contempt route under 13 Del. C. § 728 that does not require proving wilfulness: if the Court finds a violation it must impose one or more of extra make up visitation, a temporary transfer of custody or primary residence for up to 30 days, or a surcharge assessed against the parent with rights of visitation of up to 10 percent of the visiting parent's monthly child support obligation per violation, and it must order the interfering parent to pay the other parent's costs and reasonable attorney's fees. Filing a Rule to Show Cause petition does not mean the other parent will be jailed: the Court decides whether contempt occurred, and jail is not automatic. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be treated as contempt. Delaware's Division of Child Support Services can pursue income withholding, arrears collection, tax refund intercept, and even its own contempt filing on a support case it is enforcing under Title IV-D of the Social Security Act, without the parent filing anything. This page does not cover modifying a support or custody order; use DocDraft's child support modification and parenting plan pages for that, and if there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead of this motion. Attorney review is available before you file.

Key Things to Know

1
Delaware enforces a family court order through a Petition for Rule to Show Cause, filed under Family Court Civil Rule 70(b) in the same cause as the underlying order; for a support order the statute names it a hearing on a rule to show cause under 13 Del. C. § 516(a). The Family Court's own guidance refers to a Rule to Show Cause Petition; ask the Clerk of the Family Court in your county which form to use before you file.
2
A support-related petition is heard first before a Master or Commissioner as expedited process under Family Court Civil Rule 300(a)(2), not a Judge, and the respondent is served under Family Court Civil Rule 4(d)(1): personal delivery, leaving a copy at the respondent's dwelling with someone of suitable age and discretion who lives there, or delivery to an authorized agent.
3
Family Court Civil Rule 70(b) itself does not set a number of days of notice before a show cause hearing; confirm the hearing date and any response deadline with the Clerk before you file.
4
For a support order, the Court cannot commit a respondent to the Department of Correction unless the respondent had actual clear notice of the order and had the ability to pay but wilfully failed to substantially comply. A respondent who genuinely could not pay may raise that as a defense, and the respondent must be given a purge condition, a way to avoid or end commitment by meeting a term the Court sets.
5
Delaware layers in two escalators for unpaid support: after 90 days of unpaid arrears the support amount increases by operation of law, with no separate court filing, by 10 percent of the current order or $5, whichever is greater, and if the Court finds an obligor owes $1,000 or more in arrears and is 30 or more days delinquent for reasons that are wilful, the Court may order suspension of the obligor's driver's, professional, occupational, business, or recreational license.
6
Filing a Rule to Show Cause petition does not mean the other parent will be jailed: the Court decides whether contempt occurred, and jail is not automatic. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be treated as contempt.
7
Delaware's Division of Child Support Services can pursue income withholding, arrears collection, and tax refund intercept on a support case it is enforcing under Title IV-D without a parent filing anything, and for denied parenting time, 13 Del. C. § 728 is a separate, non-contempt route with no wilfulness element, where the Court imposes one or more of make up visitation, a temporary custody transfer, or a surcharge, plus mandatory attorney's fees. This page does not cover modifying support or custody, see DocDraft's child support modification and parenting plan pages, and if there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead.

Key decisions before you file

Before you file a Motion for Contempt in Delaware, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.

Open the Motion for Contempt guide

Customize your Motion for Contempt Template with DocDraft

CASE NO. [CASE NUMBER]

IN THE FAMILY COURT OF THE STATE OF DELAWARE IN AND FOR [COUNTY] COUNTY

[PETITIONER NAME], Petitioner, v. [RESPONDENT NAME], Respondent.

PETITION FOR RULE TO SHOW CAUSE

Petitioner, [PETITIONER NAME], respectfully petitions this Court, in this same cause, for an order directing Respondent, [RESPONDENT NAME], to appear and show cause why Respondent should not be held in contempt, and states as follows under Family Court Civil Rule 70(b):

On [DATE OF ORDER], this Court entered an order in this cause requiring Respondent to [DESCRIPTION OF THE ORDER PROVISION AT ISSUE, SUCH AS PAYING A STATED MONTHLY AMOUNT OF CHILD SUPPORT OR ALLOWING PARENTING TIME ON STATED DATES].
Respondent was served with that order, or otherwise has knowledge of it, as follows: [DESCRIPTION OF SERVICE OR HOW RESPONDENT LEARNED OF THE ORDER].
Respondent has not complied with the order, as shown by the following facts: a. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY, INCLUDING THE AMOUNT OF ANY UNPAID SUPPORT] b. [DATE OF VIOLATION]: [DESCRIPTION OF THE SPECIFIC FAILURE TO COMPLY] c. [LIST ANY ADDITIONAL VIOLATION DATES AND AMOUNTS]
Unpaid support owed by Respondent as of the date of this petition: [DOLLAR AMOUNT, OR NONE] for the period from [START DATE] through [END DATE].
Respondent had actual notice of the order and had the ability to comply, but has wilfully failed to substantially comply with it.
Petitioner requests that Respondent be ordered to pay Petitioner's costs and reasonable attorney's fees incurred in bringing this petition.

WHEREFORE, Petitioner asks this Court to: a. Issue a rule directing Respondent to appear on a date this Court sets and show cause why Respondent should not be held in contempt; b. After notice and a hearing, find Respondent in contempt if Respondent cannot show a valid excuse for the noncompliance described above; c. Order Respondent to comply with the order, including payment of any unpaid support stated above; d. Set a reasonable purge condition Respondent may satisfy to avoid or be released from any commitment ordered under this petition; e. Grant any other relief this Court deems just.

AFFIDAVIT

[PETITIONER NAME], being duly sworn, states that the foregoing facts are true and correct to the best of [PETITIONER NAME]'s knowledge, information, and belief.

[PETITIONER NAME]

Sworn to and subscribed before me this [DAY] day of [MONTH], [YEAR].

Notary Public or Court Official

[PETITIONER NAME] [ADDRESS] [CITY, DELAWARE ZIP] [PHONE] [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Petition for Rule to Show Cause was served on [RESPONDENT NAME] under Family Court Civil Rule 4(d)(1) by [PERSONAL DELIVERY, OR DELIVERY AT RESPONDENT'S DWELLING TO A PERSON OF SUITABLE AGE AND DISCRETION, OR DELIVERY TO AN AUTHORIZED AGENT].

[NAME AND TITLE OF SHERIFF, DEPUTY, OR PERSON SPECIALLY APPOINTED BY THE COURT WHO MADE SERVICE]

Delaware Requirements for Motion for Contempt

Petition for Rule to Show Cause
Delaware enforces a family court order through a Petition for Rule to Show Cause under Family Court Civil Rule 70(b), filed in the same cause as the underlying order; a support order is framed as a hearing on a rule to show cause under 13 Del. C. § 516(a). Ask the Clerk of the Family Court which form to use.
Service Under Family Court Civil Rule 4(d)(1)
The respondent is served by personal delivery, by leaving a copy at the respondent's dwelling with someone of suitable age and discretion who lives there, or by delivery to an authorized agent, carried out by the sheriff, a sheriff's deputy, or another person the Court appoints. Rule 70(b) requires an affidavit showing service on the respondent, or that the respondent has knowledge of the order, and the facts of noncompliance.
Confirm the Notice Period Before the Hearing
Family Court Civil Rule 70(b) itself does not set a number of days of notice before a show cause hearing; confirm the hearing date and any response deadline with the Clerk before filing.
Ability to Pay and Wilfulness Gate on Commitment
For a support order, the Court cannot commit a respondent to the Department of Correction unless the respondent had actual clear notice of the order and had the ability to pay but wilfully failed to substantially comply (13 Del. C. § 516(a)). The respondent must also be given the chance to avoid or end commitment by meeting a purge condition the Court sets.
Automatic Arrears Surcharge After 90 Days
Once support arrears have accrued for 90 days and the existing order does not already include payment on arrears, the support amount increases by operation of law by 10 percent of the current support order or $5, whichever is greater (13 Del. C. § 516(f)).
License Suspension Eligibility for Delinquent Obligors
If an obligor owes $1,000 or more in arrears, is 30 or more days delinquent, and the failure to pay is wilful and not due to an inability to pay, the Court may order suspension of the obligor's driver's, professional, occupational, business, or recreational license (13 Del. C. § 516(g), executed through 13 Del. C. § 2216).
Separate Non-Contempt Remedy for Denied Parenting Time
13 Del. C. § 728 lets a parent enforce denied custody, residence, or visitation time without proving wilfulness. On finding a violation, the Court must impose one or more of make up visitation, a temporary custody or residence transfer of up to 30 days, or a surcharge assessed against the parent with rights of visitation of up to 10 percent of the visiting parent's monthly child support obligation per violation, and must order the violating parent to pay the other parent's costs and reasonable attorney's fees.
Identify the Order, Violations, and Requested Relief
Filed in the same cause as the prior order, the petition should state that the respondent was served with or has knowledge of the order and set out the facts constituting the noncompliance under Family Court Civil Rule 70(b), and ask for a rule directing the respondent to appear and show cause. Rule 70(b) does not itself require an itemized list of missed payments.
Affidavit Showing Service or Knowledge and the Facts of Noncompliance
Family Court Civil Rule 70(b) requires the petition to be supported by an affidavit showing service on the respondent, or that the respondent has knowledge of the order, and setting forth the facts constituting the noncompliance.

Find out where you stand in Delaware

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Delaware Requirements for Motion for Contempt

Petition for Rule to Show Cause

Service Under Family Court Civil Rule 4(d)(1)

Confirm the Notice Period Before the Hearing

Ability to Pay and Wilfulness Gate on Commitment

Automatic Arrears Surcharge After 90 Days

License Suspension Eligibility for Delinquent Obligors

Separate Non-Contempt Remedy for Denied Parenting Time

Identify the Order, Violations, and Requested Relief

Affidavit Showing Service or Knowledge and the Facts of Noncompliance

Frequently Asked Questions