Delaware Code Title 13 Sec. 2204 – Support payments
(a) In compliance with federal and state law, the Division of Child Support Services is authorized to receive and disburse support payments made on behalf of each obligee who is a recipient of public assistance, who signs an application to the Division for child support services pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), or who receives child support pursuant to an income withholding order issued by the Court or Division pursuant to § 513 of this title.
Terms Used In Delaware Code Title 13 Sec. 2204
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) In all cases in which the Division is authorized pursuant to subsection (a) of this section to receive and disburse support payments, the Division may administratively change the payee to the Division. Such change shall not occur until the Division has provided prior notice of the change to all parties under the support order and offered an opportunity for any party to contest the change in payee. The Division shall establish procedures for a party to challenge the administrative change in payee.
(c) A child support obligor shall have no right of reimbursement from the Division of Child Support Services for any child support payment received and disbursed by the Division to an obligee who is not a recipient of public assistance.
(d) Notwithstanding any other law, rule or regulation to the contrary, a child support payment shall not be subject to attachment, garnishment or execution.
(e) In all cases in which the Division administratively changes the payee pursuant to subsection (b) of this section, the Division shall provide notice to all parties under the support order of the date of the obligor’s final payment at the following times, when applicable:
(1) Six months from the date of the final payment;
(2) Three months from the date of the final payment; and
(3) Upon receipt of the final payment.
(f) The Division shall establish procedures for applying the notice requirements as listed in subsection (e) of this section.
(g) In all cases when a child support wage attachment is in place, the Division shall immediately notify the noncustodial parent’s employer to immediately terminate the wage withholding when the parent’s child support obligation has been satisfied.
(h) The Division may recoup payments that it has received and disbursed to a payee but which the payee was not entitled to receive under the child support order. The Division shall give prior written notice to the payee of its intent to recoup. The notice shall state the amount the Division intends to recoup and how it was determined, the manner in which the Division intends to recoup the funds, and inform the payee of that payee’s right to an administrative hearing prior to any recoupment. If the payee fails to timely request a hearing, recoupment may proceed as described in the notice. The Division may recoup such payments by withholding not more than 10% of each disbursement due to the payee until the Division is reimbursed in full. Except as otherwise provided herein, all hearings and proceedings under this subsection shall be in accordance with the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. Recoupment shall not apply to payments received and disbursed pursuant to the terms of a child support order that is later modified.
71 Del. Laws, c. 216, § ?1; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 278, § ?2; 73 Del. Laws, c. 342, § ?1; 76 Del. Laws, c. 298, § ?1; 80 Del. Laws, c. 234, § 17;