How to Modify Child Support in Delaware
Reviewed by DocDraft Legal Team · Delaware · Last updated September 21, 2026
In Delaware, a child support modification is a Family Court or Division of Child Support Services decision that changes the amount of an existing child support order after circumstances change, and Delaware is unusual in letting either parent ask for a review about every 2.5 years without proving a substantial change. Within that 2.5 year window you must show a substantial change in circumstances since the last order. Delaware sets the amount with the Melson Formula, its child support formula tied to both parents' incomes and the child's needs (13 Del. C. 514), and a new order is issued only if the formula produces a 10 percent or greater change from your current order. You ask by filing a Petition for Child Support Modification with the Family Court, or the Division of Child Support Services can file for you if it manages your case. After filing, the case goes to mediation first, then to a Family Court Commissioner if no agreement is reached. A change takes effect only back to the date the other parent receives notice of your petition, not to when your circumstances changed (13 Del. C. 513). Support that already came due generally cannot be wiped out, so keep paying your current order until the Court changes it. Attorney review of your filing is available through DocDraft.
Find out where you stand in Delaware
Where are you with changing your child support order?
DocDraft provides document preparation, not legal advice.
How do I modify child support in Delaware?
File a Petition for Child Support Modification with the Delaware Family Court, or ask the Division of Child Support Services to file if it manages your case. You qualify if it has been at least 2.5 years since your last order, or you can show a substantial change in circumstances (13 Del. C. 513).
How much does the amount have to change to modify child support in Delaware?
Delaware recalculates support using the Melson Formula, and a new order is issued only if the formula produces a 10 percent or greater change, up or down, from your current order. If it has been under 2.5 years since the last order, you must also show a substantial change in circumstances.
How far back can a child support change go in Delaware?
A modification is not retroactive. It takes effect only from the date the other parent receives notice of your pending petition, not from when your circumstances changed (13 Del. C. 513). Support that already came due cannot be reduced, so filing and giving notice promptly protects you.
Who handles child support modifications in Delaware?
The Family Court of the State of Delaware decides modifications, and cases go to mediation first, then to a Family Court Commissioner if no agreement is reached. The Division of Child Support Services can file the petition and represent you when it administers your case, at no cost to you.
Delaware child support modification at a glance
In Delaware, a child support modification is a Family Court or Division of Child Support Services decision that changes an existing child support order after circumstances change. Delaware lets either parent request a review about every 2.5 years without proving a substantial change; within that window you must show a substantial change in circumstances (13 Del. C. 513). The amount is recalculated with the Melson Formula, Delaware's income-based child support formula, and a new order is issued only if the result differs from your current order by 10 percent or more. You file a Petition for Child Support Modification with the Family Court, or the Division of Child Support Services files for you when it manages your case. Cases start in mediation. A change applies only back to the date the other parent receives notice of your petition, so support already due cannot be wiped out.
Reviewing a Delaware order at the 2.5-year mark
Suppose your Delaware order was entered three years ago and your income has dropped since then. Because Delaware allows a review about every 2.5 years without proving a substantial change, you file a Petition for Child Support Modification with the Family Court and attach proof of your current pay. You run your numbers through the Delaware Child Support Calculator, which applies the Melson Formula, and it shows the amount would fall by more than 10 percent, so a new order can issue. The case first goes to mediation, then to a Family Court Commissioner if you cannot agree. Because the change applies back only to the date the other parent receives notice of your petition (13 Del. C. 513), you file and give notice promptly and keep paying the current amount until the Court rules. Attorney review of your filing is available through DocDraft.
Relevant Laws
13 Del. C. 513 (modification and retroactivity of a support order)
Gives the Family Court continuing jurisdiction to modify a child support order prospectively, and provides that an order shall not be retroactively modified except for a period during which a petition for prospective modification is pending, but only from the date notice of the petition is given to the respondent.
13 Del. C. 514 (determination of amount of support)
Directs the court to consider the health, relative economic condition, financial circumstance, income, and earning capacity of the parties and children when determining the amount of support, the statutory basis for Delaware's Melson Formula child support calculation.
Delaware DCSS: Modify Existing Child Support Orders
The Division of Child Support Services explains that a parent may petition to modify if it has been at least 2.5 years since the last order or there is a substantial change in circumstances, and that a new order issues only if the formula produces a 10 percent or greater change.
Delaware Family Court: Child Support and the Support Calculator
The Family Court self-help pages describe filing a Petition for Child Support Modification on a substantial change in circumstances, the mediation-first process, and provide the Delaware Child Support Calculator that applies the Melson Formula.
Regional Variances
Delaware child support modification rules at a glance
Qualifying threshold
You qualify if at least 2.5 years have passed since the last order, or, within that period, if you show a substantial change in circumstances (13 Del. C. 513). A new order is issued only if the Melson Formula produces a 10 percent or greater change from your current order.
Where to file
The Family Court of the State of Delaware in the county handling your order, with mediation first and then a Family Court Commissioner. The Division of Child Support Services can file the petition and represent you at no cost when it administers your case.
Modification form
The Family Court Petition for Child Support Modification, filed with proof of your current income. The petition and instructions are provided free through the Family Court and the Division of Child Support Services websites; there is no separate statewide form number required in the guide.
Retroactivity
A modification is not retroactive. It takes effect only from the date the other parent receives notice of the pending petition, not from when circumstances changed (13 Del. C. 513). Support that already came due cannot be reduced.
Periodic review
Delaware allows either parent to request a review about every 2.5 years without showing a change. Separately, in agency-handled cases, federal rules allow a review roughly every three years on request.
Suggested Compliance Checklist
Confirm you qualify and gather proof
Before you file days after startingCheck whether it has been at least 2.5 years since your last order or a substantial change occurred, and collect current pay stubs, tax returns, and proof of the change (13 Del. C. 513). Attorney review of your filing is available through DocDraft.
Estimate the new amount with the calculator
Before you file days after startingRun your current income through the Delaware Child Support Calculator, which applies the Melson Formula, to confirm the amount would change by 10 percent or more. A new order is issued only if the formula clears that 10 percent mark.
Complete the Petition for Child Support Modification
As soon as you qualify days after startingFill out the Family Court Petition for Child Support Modification, describe what changed, and attach proof of your current income. Use the free forms and instructions from the Family Court or the Division of Child Support Services.
File with the Family Court
Promptly (notice fixes the start date) days after startingFile your petition with the Family Court in the county handling your case, or let the Division of Child Support Services file it. Because the change dates back only to the notice given to the other parent, file promptly (13 Del. C. 513).
Attend mediation
On your scheduled mediation date days after startingGo to the mediation conference, where a mediator uses the Delaware Child Support Formula to help both parents agree. If you settle, the agreement becomes the new order; if not, the case is set for a Commissioner hearing.
Attend the hearing and get the new order
On your hearing date days after startingBring your income proof and let the Commissioner recalculate support under the Melson Formula. A new order issues if the amount changes by 10 percent or more, effective back to the notice of your petition. Keep paying the current order until then.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm you qualify and gather proof | Check whether it has been at least 2.5 years since your last order or a substantial change occurred, and collect current pay stubs, tax returns, and proof of the change (13 Del. C. 513). Attorney review of your filing is available through DocDraft. | - | Before you file |
| Estimate the new amount with the calculator | Run your current income through the Delaware Child Support Calculator, which applies the Melson Formula, to confirm the amount would change by 10 percent or more. A new order is issued only if the formula clears that 10 percent mark. | - | Before you file |
| Complete the Petition for Child Support Modification | Fill out the Family Court Petition for Child Support Modification, describe what changed, and attach proof of your current income. Use the free forms and instructions from the Family Court or the Division of Child Support Services. | - | As soon as you qualify |
| File with the Family Court | File your petition with the Family Court in the county handling your case, or let the Division of Child Support Services file it. Because the change dates back only to the notice given to the other parent, file promptly (13 Del. C. 513). | - | Promptly (notice fixes the start date) |
| Attend mediation | Go to the mediation conference, where a mediator uses the Delaware Child Support Formula to help both parents agree. If you settle, the agreement becomes the new order; if not, the case is set for a Commissioner hearing. | - | On your scheduled mediation date |
| Attend the hearing and get the new order | Bring your income proof and let the Commissioner recalculate support under the Melson Formula. A new order issues if the amount changes by 10 percent or more, effective back to the notice of your petition. Keep paying the current order until then. | - | On your hearing date |
Frequently Asked Questions
A real, involuntary income drop can be a substantial change that supports a modification, but you must file a Petition for Child Support Modification; support keeps accruing at the old rate until the Court acts (13 Del. C. 513). A new order issues only if the Melson Formula shows a 10 percent change. Do not stop paying.
No. Either parent can file a Petition for Child Support Modification on their own, and the other parent receives notice and can respond. Delaware sends the case to mediation first to try for agreement. If none is reached, a Family Court Commissioner recalculates the amount under the Melson Formula and decides.
After you file, the Family Court schedules mediation, and a hearing before a Commissioner follows only if no agreement is reached, so timing depends on the county's calendar and whether you settle. Because the change dates back only to the notice of your petition, filing promptly protects you (13 Del. C. 513).
Yes. If the Division of Child Support Services administers your case, it can file a Petition for Child Support Modification with the Family Court and represent you at no cost. It applies the Melson Formula and pursues a change when the recalculated amount would differ by 10 percent or more from your current order.
Delaware lets either parent request a review about every 2.5 years without showing a substantial change, and sooner when a substantial change in circumstances occurs. Separately, in cases handled by the child support agency, federal rules allow a review roughly every three years on request. A 10 percent change is needed to issue a new order.
A modification changes support only going forward from the date the other parent receives notice of your petition (13 Del. C. 513). Support that already came due, called arrears, cannot be reduced or erased by a modification. Keep paying your current order to avoid building arrears while your petition is pending.
A review through the Division of Child Support Services is provided at no cost to you when it administers your case. Filing a petition with the Family Court on your own may carry a fee, and the Court can waive it if you cannot afford it. Check current fees on the Family Court website.
Delaware uses the Melson Formula, its statewide Delaware Child Support Formula, which considers each parent's income, a self-support allowance for each parent, and the children's primary needs (13 Del. C. 514). You can estimate the result with the Delaware Child Support Calculator on the Family Court website before you file.
Other Delaware guides
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