Rule 300 – Expedited Procedures for Support Actions

May 15, 2021 | Delaware, Family Law

(a) Expedited process; definition.

(1) For any action in which a mediation conference is required under Rule 16(a), expedited process shall include the mediation conference together with a hearing before a master or commissioner if the mediation conference does not result in a permanent order for support.

(2) In all other proceedings requesting relief in the form of support pursuant to Chapter 5, and requesting relief pursuant to Chapters 4, 6 and 8 of Title 13 of the Delaware Code, including actions for modification of existing orders and proceedings alleging contempt of such orders, expedited process shall be the trial before a master or commissioner.

(b) Expedited process; when required. All actions for the determination, modification and enforcement of support obligations under Chapters 4, 5, 6 and 8 of Title 13 of the Delaware Code shall be scheduled and resolved by the use of expedited process as defined in Rule 300(a), unless the Court orders otherwise in accord with the criteria established under Rule 300(c).

(c) Initial scheduling for trial before a judge; when allowed. Upon motion of either party or recommendation of the court staff mediator or upon its own motion, the Court may order trial of the action scheduled initially before a judge, provided there is a prior existing order in effect or, in the case of a petition for non-support, an interim or temporary order and the Court finds one of the following:

(1) the support matter is so intrinsically tied to an action that must be heard by a judge that the use of expedited process would unduly delay the proceedings; or

(2) the identity of the parties, issues and evidence are so similar in nature that consolidation with an already scheduled matter would in fact expedite the resolution of the support issue; or

(3) a material legal issue must be resolved for which there is no legal precedent; or

(4) such good and substantial cause as the Court may find, consistent with the principle that support cases shall be heard in a timely manner.

Del. Fam. Ct. R. Civ. P. 300