(a) Primary share.– Each parent’s Net Available income will be expressed as a percentage to be known as the Primary Share of the parents’ combined Net Available income. The percentage will be derived on case by case basis by dividing each parent’s Net Available income by their combined Net Available income. This is to allow the children’s primary support needs to be equitably allocated between the parents and to facilitate the sharing of extraordinary medical expenses. If the person seeking support is not a parent, then the Primary Share for the obligor before the court is 50%.(b) Primary support.– Each parent’s Primary Support Obligation is determined by multiplying their Primary Share percentage by the sum of all of the elements of the children’s primary support need. The elements of the primary support need are:
(1) The primary . — The primary allowances shall be comprised of two components, a per household component and a per child component:
(i) The per household component is 25% of the Self Support Allowance minus $72. (ii) The per child component is 25% of the Self Support Allowance plus $24.(iii) Each component shall be rounded to the nearest multiple of ten (10). Half child allowances may be rounded to a multiple of five (5).(iv)To determine the allowance for each household, multiply the number of children by the per child component, and then add the per household component to the result. The allowances shall be adjusted in January of each year.(2) Child care. — The Formula facilitates the equitable allocation of all expenses incurred for the care and supervision of the children of this union by either parent required for the parent to work. No hypothetical or attributed child care costs are permitted. Cancelled checks, childcare contracts, receipts and other instruments created in the usual course of business shall be admissible in addition to the testimony of the parties to prove childcare expenses.(3) Health insurance premiums. — A portion of premiums paid by a party for health insurance covering dependent children of the union shall be included as an element of primary support as follows:
(i) That portion shall be one-half (1/2) of a party’s out-of-pocket premium unless the party has other minor children to support as described in Rule 502(e) in which case the proportion will be one-quarter (1/4).(ii) Coverage acquired through a stepparent’s employment or by a guardian may be an element of primary support but only if the policy does not cover the stepparent’s or guardian’s own children.The portion allocated to the children by way of a stepparent shall be as in subsection (i) by reference to the parent to whom the stepparent is married. The portion allocated to the children by way of a guardian shall be controlled by reference to whether or not the guardian is also guardian to other children of other unions.(4) Other primary expenses.– The special needs of some children require parents to regularly incur other expenses including, as permitted by subsection (c), private school.(c) Private school. — Private or parochial school expenses shall only be included as a primary expense where: (1) The parties have adequate financial resources, and(2) After consideration of the general equities of the particular case including consideration of whether:
(i) The parents previously agreed to pay for their child(ren)’s attendance in private school; or(ii) The child has special needs that cannot be accommodated in a public school setting; or(iii) Immediate family history indicates that the child likely would have attended private or parochial school but for the parties’ separation.(d) Shared equal placement.– Shared Equal placement (at least 164 overnights annually in each household) is established by order of the court, by written agreement, or in the absence of any order or written agreement by other evidence. Additionally,
(1) Each child is counted as one half in each household;(2) The Court shall establish additional primary support allowances to accommodate any such partial allocation of placement;(3) Any modification of an order based upon a change between primary and shared equal placement must be proven by court order or written agreement or, in the absence thereof, by clear and convincing evidence.(4) Upon a showing that a parent is not equally contributing to shared incidental expenses, the Court may impose any appropriate sanction, including but not limited to recalculating the support obligation as if the child resided primarily with the other parent.(5) If all the minor children before the court reside in shared placement, and the calculation indicates a net order of less than $50 per month, no affirmative payment of current support shall be ordered.(6) Either parent may be assessed an affirmative obligation without regard to which parent filed the petition.
Del. Fam. Ct. R. Civ. P. 503
Amended eff. January 1, 2011; amended January 28, 2015, eff. April 20, 2015; amended November 8, 2018, effective February 1, 2019.
