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Notice and Motion to Revoke Child Support

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Form 254

Rev 7/18

Page 1

The Family Court of the State of Delaware
In and For New Castle Kent Sussex County
NOTICE AND MOTION TO REVOKE CHILD SUPPORT

Movant

Name:

D.O.B.:

Street Address (including Apt):

P.O. Box Number:

City/State/Zip Code:

Attorney Name and Phone Number:

Respondent

Name:

D.O.B.:

Street Address (including Apt):

P.O. Box Number:

City/State/Zip Code:

Attorney Name and Phone Number:

DCSS #:

File Number:

Petition Number(s):

Other State Number:

IV-D Status: IV-D Non IV-D

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:

all arrears/back support/fees are paid

the youngest child on the Order is 19 or 18 and: was graduated from or stopped attending high school on ( Documentation attached)

all the children on the Order moved from the home of to the home of on (DOCUMENTATION REQUIRED)

See custody order of Or See Documentation Attached

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

Other: (Attach add'l pages if necessary)

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 of form) AND:

Date:

Movant/Attorney:

Sworn to subscribed before me:

Clerk of Court/Notary Public:

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:

Current Support Order is REVOKED effective

Back Support/Arrears Order is REVOKED

Income Attachment is: Cancelled Modified $ /mo.

Continued at $ /mo. all on arrears.. Medical Support Order and any attachment are REVOKED

RESPONDENT DCSS REFUND ANY OVERPAYMENT IN ITS POSSESSION DCSS apply any later payments to arrears

The Motion is DENIED

Other:

So Ordered this Date:

Judge/Commissioner:

CC: FILE PARTIES DCSS ATTY DCSS ACCOUNTING DCSS OPERATIONS OS AGENCY Other:

Form 254

Rev 7/18

Page 2

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

FOR ALL CHILD SUPPORT CASES HANDLED THROUGH THE DIVISION OF CHILD
SUPPPORT 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 the Notice and Motion to Revoke Child Support Is

The Notice and Motion to Revoke Child Support is a court filing used to notify the court and other parties that a previously entered child support order or support obligation should be terminated, reduced, or set aside. It typically explains the legal and factual basis for revocation — for example, changed custody, emancipation, erroneous underlying facts, or completion of obligations — and requests a judicial ruling. The document initiates a court process that may include service on the other party, a hearing date, supporting evidence, and an order terminating or modifying prior support terms.

Why this Motion Matters to Parties and the Court

Filing a Notice and Motion to Revoke Child Support informs the court of circumstances that may legally end or change support obligations and creates a formal record for judicial review and enforcement.

Why this Motion Matters to Parties and the Court

Who Typically Prepares or Files This Motion

The filing party must follow local court rules for format, service, and hearing requests; many jurisdictions require proof of service and case-specific exhibits.

  • Self-represented parents seeking termination due to emancipation or changed custody circumstances, who need to notify the court and the other parent.
  • Family law attorneys who prepare pleadings, gather supporting evidence, and represent clients at hearings or settlement conferences.
  • Child support enforcement agencies or government counsel when administrative records indicate support was paid in error or should cease.

Step-by-Step: Completing and Filing the Motion

Follow this sequence to prepare, sign, serve, and submit a Notice and Motion to Revoke Child Support.

  • 01
    Prepare Motion: Draft caption, factual statement, grounds, requested order, and any proposed order for the judge.
  • 02
    Attach Evidence: Include supporting documents such as emancipation proof, custody orders, or payment records.
  • 03
    Sign and Notarize: Sign in required format; notarize if local rules demand or affidavits are attached.
  • 04
    File and Serve: File with the clerk per local e-filing or in-person rules and serve the opposing party per court requirements.

Typical Court Processing Flow for the Motion

This overview shows the common routing from filing to final order; courts vary in exact procedures and timing.

  • Filing: Clerk accepts the motion and assigns a filing date and case docket entry.
  • Service: Opposing party is served; proof of service is filed with the court.
  • Hearing Scheduling: Court schedules a hearing or sets a status conference after reviewing pleadings.
  • Judicial Ruling: Judge issues order granting, denying, or modifying support and detailing effective dates.

Configuring an Electronic Workflow for This Motion

Use an e-filing and e-signature workflow that matches the court’s accepted formats and authentication requirements.

Step Configuration
Upload Format PDF/A format is commonly accepted.
Signature Type Accept typed, drawn, or cryptographic signatures per court rules.
Authentication Use email + SMS code or stronger KBA if required by court.
Proof of Service Attach stamped envelope, e-service receipt, or affidavit of service.

Technical Requirements for eSigning and eFiling

Keep local court rules and clerk instructions on hand; document retention and notarization requirements vary across jurisdictions.

  • File Formats: PDF, Word DOCX sometimes accepted; courts usually prefer PDF.
  • Authentication: Email or SMS verification is common; some courts require stronger ID proofing.
  • Audit Trail: Maintain a timestamped audit trail for legal evidence.

Key Deadlines and Timing Expectations

Deadlines depend on local family law rules, but common timeframes guide preparation and service timing.

Filing Window:

File promptly after the factual basis arises to avoid untimely claims.

Service Deadline:

Many courts require service several days before the hearing; check local rule for exact days.

Hearing Notice:

Clerks typically set hearings 30–90 days after filing depending on docket load.

Response Time:

Opposing parties often have 20–30 days to file a written response.

Appeal Window:

Post-order appeal periods vary by state; consult court rules immediately after judgment.

Milestones from Filing to Final Order

Track these numbered milestones to monitor progress and required actions during the motion lifecycle.

01

1. Prepare and File

Draft motion, attach exhibits, and submit to the clerk for filing.

02

2. Serve Opposing Party

Complete and file proof of service as required by court rules.

03

3. Attend Hearing

Present evidence and arguments at the scheduled hearing.

04

4. Receive Order

Judge issues signed order modifying or revoking support, often with effective date.

Common Pitfalls to Avoid When You File

  • Failing to match the case caption and case number exactly can lead to misrouting or rejection by the clerk.
  • Omitting proof of service or filing late can result in the court refusing to hear the motion or delay relief.
  • Using vague language like 'terminate support for good reason' rather than specific grounds leads to unnecessary discovery or denial.
  • Relying on unsigned or improperly notarized affidavits where the court requires sworn testimony will weaken your motion.

Security, Privacy, and Compliance Considerations

Data Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.
Audit Trail: Time-stamped event logs and IP capture.
HIPAA Considerations: Use BAA if documents include protected health information.
ESIGN / UETA: Electronic signatures accepted subject to state exceptions.
Access Controls: Role-based permissions and SSO recommended.
Retention Controls: Versioning and secure document export available.

Consequences and Legal Risks of Errors

Dismissal Risk: Motion may be dismissed for improper service.
Contempt Exposure: Misstatements of fact can expose a filer to sanctions.
Arrears Liability: Incorrect termination date can create arrears disputes.
Appeal Limitations: Late-filed evidence may be excluded on appeal.
Privacy Breach: Unsafe transmission of PII may violate state law.
Fee Liability: Court may award costs if filing seen as frivolous.

eSignature Provider Pricing Snapshot for Filing and Signing

Compare entry-level pricing, core features, and common compliance attributes; choose a provider that meets court authentication and record-retention needs.

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 free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Depends on plan Depends on plan Depends on plan

Frequently Asked Questions About This Motion

Answers to common procedural and technical questions when preparing, signing, serving, and filing a Notice and Motion to Revoke Child Support.


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