Delaware Code Title 13 Sec. 403 – Entry of support order of another jurisdiction for income withholding
(a) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (b) of this section from an agency of another jurisdiction, the Division of Child Support Services shall file these documents with the Clerk of the Family Court in which withholding is being sought. The Clerk of the Court shall accept the documents filed and such acceptance shall constitute entry of the support order under this chapter.
Terms Used In Delaware Code Title 13 Sec. 403
- Agency: means the Division of Child Support Services of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. See Delaware Code Title 13 Sec. 401
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is alleged to be the beneficiary of a support order directed to the parent. See Delaware Code Title 13 Sec. 401
- Court: means the Family Court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. See Delaware Code Title 13 Sec. 401
- Income: means income as defined in § 513(b)(5) of this title. See Delaware Code Title 13 Sec. 401
- Jurisdiction: means any state, as that term is defined in § 6-102 of this title, or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Delaware Code Title 13 Sec. 401
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligee: means :
- Obligor: means an individual, or the estate of a decedent:
- 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
- Statute: A law passed by a legislature.
- Support order: means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees and other relief. See Delaware Code Title 13 Sec. 401
(b) The following documentation is required for the entry of a support order of another jurisdiction:
(1) A certified copy of the support order with all modifications;
(2) A certified copy of an income withholding order, if any, still in effect;
(3) A copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;
(4) A sworn statement of the obligee or certified statement of the agency of the arrearages and the assignment of support rights, if any;
(5) A statement of:
a. The name, address and social security number of the obligor, if known;
b. The name and address of the obligor’s employer or of any other source of income of the obligor derived in this State against which income withholding is sought; and
c. The name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.
(c) If the documentation received by the Bureau under subsection (a) of this section does not conform to the requirements of subsection (b) of this section, the Bureau shall remedy any defect which it can without the assistance of the requesting agency. If the Bureau is unable to make such corrections, the requesting agency shall immediately be notified of the necessary additions or corrections. In neither case shall the documentation be returned. The Bureau shall accept the documentation required by subsections (a) and (b) of this section even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.
(d) A support order entered under subsection (a) of this section shall be enforceable by income withholding against income derived in this State in the manner and with the effect as set forth in §§ 404 through 411 of this title and § 513(b) of this title. Entry of the order shall not confer jurisdiction on the courts of this State for any purpose other than income withholding.