Sections
§ 401 Purpose and construction; definitions; remedies additional to existing remedies 13
§ 402 Initiation of income withholding; cooperation with other jurisdictions 13
§ 403 Entry of support order of another jurisdiction for income withholding 13
§ 404 Notice of proposed income withholding to obligor 13
§ 405 Income withholding hearing 13
§ 406 Income withholding order 13
§ 407 Applicable enforcement provisions 13
§ 408 Distribution of collected support payments 13
§ 409 Changes in original order or jurisdiction 13
§ 410 Voluntary income withholding 13
§ 411 Choice of law 13
§ 412 Employer liability 13

Terms Used In Delaware Code > Title 13 > Chapter 4

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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. 116
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • 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. 116
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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. 116
  • Decedent: A deceased person.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Income: means income as defined in § 513(b)(5) of this title. See Delaware Code Title 13 Sec. 116
  • 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. 116
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • 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.
  • Obligee: means :

    a. See Delaware Code Title 13 Sec. 116

  • Obligor: means an individual, or the estate of a decedent:

    a. See Delaware Code Title 13 Sec. 116

  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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 6 Sec. 4307
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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. 116
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307