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Motion for Child Support

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The Family Court of the State of Delaware

In and For

NOTICE AND MOTION TO REVOKE CHILD SUPPORT

Movant

Respondent

DCSS #

IV-D Status

MOVANT ASSERTS that is under an order to pay current support in the amount of $ per and/or arrears/back support/fees in the amount of $ per and that:


(Documentation attached)


(DOCUMENTATION REQUIRED)

WHEREFORE, MOVANT SEEKS an Order terminating the current support arrears/back support obligation and modifying any Income Withholding Order accordingly. Employer:

Address

Obligor also wishes payment on arrears/back support to be increased to $ per

MOVANT AFFIRMS that the above statements are true and that this motion was filed with Family Court and a copy was deposited in the U.S. Mail on with sufficient postage, addressed to the Division of Child Support Services (appropriate county address on reverse form) AND:

Date

a
t

Movant/Attorney

Sworn to subscribed before me:

Date

NOTICE: RESPONDENT HAS THE RIGHT TO FILE A RESPONSE WITHIN TEN (10) DAYS OF THE SERVICE OF THIS MOTION. IF NO RESPONSE IS TIMELY FILED, THE MOTION MAY BE DECIDED WITHOUT OTHER OPPORTUNITY TO BE HEARD.

PURSUANT TO 13 Del. Code §517, UPON CONSIDERATION OF THE MOTION AND DCSS account statement Response No Response

IT IS SO ORDERED THAT:

So Ordered this Date:

CC:

Page 2 Instructions

PLEASE NOTE: THE ORIGINAL COMPLETED FORM MUST BE FILED WITH FAMILY COURT.

FOR ALL CHILD SUPPORT CASES HANDLED THROUGH THE DIVISION OF CHILD SUPPORT SERVICES (DCSS), A COPY OF THIS NOTICE AND MOTION TO REVOKE CHILD SUPPORT MUST BE SENT TO THE DCSS OFFICE IN THE COUNTY WHERE YOUR CASE IS LOCATED.

IF YOUR CASE IS LOCATED IN NEW CASTLE COUNTY, SEND COPY TO:

DIVISION OF CHILD SUPPORT SERVICES
P.O. BOX 15012
WILMINGTON, DE 19850

IF YOUR CASE IS LOCATED IN KENT COUNTY, SEND COPY TO:

DIVISION OF CHILD SUPPORT SERVICES
905 S. GOVERNORS AVE
2ND FLOOR
DOVER, DE 19904

IF YOUR CASE IS LOCATED IN SUSSEX COUNTY, SEND COPY TO:

DIVISION OF CHILD SUPPORT SERVICES
GEORGETOWN PROFESSIONAL PARK
20105 OFFICE CIRCLE
GEORGETOWN, DE 19947

► ► ► Remember an Original Form Must be Filed With Family Court ◄ ◄ ◄

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What a Motion for Child Support Is and When it Applies

A Motion for Child Support is a formal court filing requesting that a family court establish, modify, or enforce financial support for a minor child. The motion explains the parties involved, the child’s needs, proposed support amounts, and legal grounds for relief. It initiates judicial review of incomes, custody arrangements, and allowable deductions so the court can calculate a child support order consistent with state guidelines and statutory factors.

Why Filing a Motion for Child Support Matters

Use a motion to start or update court-ordered support, document financial needs, and request enforcement remedies. A clear motion helps the court apply state child support guidelines and protects the child’s financial interests.

Why Filing a Motion for Child Support Matters

Typical Parties and Professionals Involved

The motion is filed by a parent, guardian, custodian, or the state child support agency when support is needed or existing orders must change.

  • Custodial parent seeking initial support or increase based on changed circumstances.
  • Noncustodial parent asking for modification due to income change or custody shift.
  • State child support enforcement agency initiating or enforcing an order on behalf of a child.

Attorneys, court clerks, and family court magistrates commonly review the motion; self-represented parties may file using local court forms and procedures.

Who Can Sign and File the Motion

Filing Party

The parent, guardian, or state agency with standing must sign and file the motion. If represented, the attorney of record signs filings per local rules and certifies service on opposing parties.

Authorized Filers

Court clerks accept filings from attorneys, self-represented litigants, or authorized agency representatives; e-filing portals may require an account or attorney e-filing authorization.

Core Components to Include in a Professional Motion

A complete motion for child support is concise but thorough, supplying identity, jurisdiction, factual basis, financial disclosures, requested relief, and certificate of service.

Caption

Court name, case number, party names, and title such as 'Motion for Child Support' to identify the proceeding clearly and comply with local filing rules.

Statement of Jurisdiction

Briefly state why the court has authority (residency, ongoing case, or statutory basis) so the court can accept and act on the motion without procedural objections.

Factual Allegations

Concise facts about custody, income, expenses, and any material changes justifying a new order or modification under state guideline factors.

Financial Disclosures

Attach income proof, pay stubs, tax returns, child care and medical cost estimates, and any support already being paid or received to enable accurate calculations.

Requested Relief

Specify the support amount or guideline computation, proposed effective date, and any ancillary relief like retroactive support or enforcement orders.

Service and Signature

Certificate of service showing how opposing parties were served, plus signature block for filer or counsel with date and contact information.

Essential Information Required in the Motion

Party Names: Full legal names of parents and child(ren).
Case Number: Existing docket or petition number if available.
Jurisdiction: County and state where the motion is filed.
Income Details: Recent paystubs or income statements attached.
Expense Breakdown: Childcare, medical, education, and special needs costs.
Relief Requested: Specific support amount and effective date.

Consequences of Incomplete or Incorrect Motions

Dismissal Risk: Court may deny or strike the motion for insufficient facts.
Delays: Missing documents delay hearings and calculations.
Enforcement Exposure: False income statements can trigger sanctions.
Fee Liability: Filing or service errors may require refiling with new fees.
Adverse Findings: Incomplete disclosures can lead to negative credibility findings.
Collection Limits: Improper relief requests may limit retroactive recovery.

Common Preparation Mistakes to Avoid

  • Not attaching income verification such as recent paystubs or tax returns delays court calculations.
  • Failing to complete the caption or case number can lead to rejected filings at the clerk’s office.
  • Omitting certificate of service details may cause the court to refuse to hear the motion.
  • Using vague relief language like 'reasonable support' instead of a calculated amount invites uncertainty.

Step-by-Step: Completing a Motion for Child Support

Follow these ordered steps to prepare a motion that complies with typical family court requirements and supports a timely hearing.

  • 01
    Gather Documents: Collect paystubs, tax returns, expense receipts, and custody orders.
  • 02
    Draft Motion: Write clear facts, jurisdiction, and the specific support calculation requested.
  • 03
    Attach Exhibits: Include financial exhibits and signed affidavit if required by local rules.
  • 04
    File and Serve: File with the clerk and serve opposing parties per court rules.

Where and How the Motion Is Processed

After filing, the clerk assigns a hearing date; the motion proceeds through exchange of financial information, possible mediation, and a judicial hearing or order.

  • Clerk Intake: Court clerk assigns a case number and schedules initial hearing.
  • Exchange Evidence: Parties exchange financial affidavits and supporting documents.
  • Alternative Dispute: Mediation or settlement conference may resolve support without trial.
  • Court Decision: Judge issues an order based on guidelines and presented evidence.

Customizing an Online Motion Workflow

Configure an online workflow to collect facts, attach financial exhibits, obtain signatures, and prepare the filing package for court submission.

Field Configuration
Party Identification Require full legal names and DOB for children.
Income Uploads Require last three paystubs and most recent tax return.
Signature Blocks Include signer name, title, and date fields with e-sign options.
Certificate of Service Auto-generate service statement with date and method fields.

Options for Electronic Completion and Submission

Courts and courts' e-filing portals have different requirements for electronic documents and signatures.

  • Accepted Formats: PDF or court-specified PDF/A format is commonly required.
  • Signature Type: Many courts accept standard e-signatures; confirm whether cryptographic signatures are required.
  • E-Filing Access: Some jurisdictions require attorney accounts while others accept self-represented e-filing.

Verify local court rules before electronic submission, and retain the court-stamped filed copy and audit trail for your records.

Comparing eSignature Platform Pricing and Features for Filing Documents

Choose a platform that meets court e-filing requirements and preserves an audit trail. The table below compares starting prices and core capabilities across common providers.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Motions for Child Support

Answers to common questions on filing, evidence, electronic signatures, and what to expect after you submit a motion.


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