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Rule 508 – Modification

May 15, 2021 | Delaware, Family Law

Any petition for child support modification filed within two and one-half years of the last determination of current support must allege with particularity a substantial change of circumstances not caused by the petitioner’s voluntary or wrongful conduct except as described in Rule 501(j) and 506(c). Furthermore:

(a) No modification will be ordered unless the new calculation produces a change of more than 10%.
(b) Beyond two and one-half years, neither the “particularity” nor the “10%” requirement applies.
(c) An obligation may be adjusted upwards or downwards, and the payor and payee may be reversed, regardless of who filed the petition.
(d) An update or adjustment to the Delaware Child Support Formula pursuant to Rule 500(b) does not constitute a change of circumstances sufficient to modify an existing order for current support even if the amount of current support would change as a result of the update or adjustment.
(e) Any petition for modification of an arrears only order filed within two and one-half years of the last establishment by the court of an arrears only payment after either a hearing on the merits or stipulation of the parties must allege with particularity a substantial change of circumstances not caused by the Petitioner’s voluntary or wrongful conduct except as described in Rule 501(j).

Del. Fam. Ct. R. Civ. P. 508

Amended eff. January 1, 2011; amended January 28, 2015, eff. April 20, 2015; amended November 8, 2018, effective February 1, 2019.