Helpful Resources
How is child support calculated in Delaware?
In Delaware, both parents, whether they are married or not, have a legal obligation to support their children until they graduate from high school or turn 19. Courts arrive at an amount representing an individual’s child support obligation with the assistance of an automatic calculator using a mathematical formula in Delaware. The [...]
Social media clauses are now a part of prenuptial agreements.
Attorneys report that there is an increase in the number of clients that request prenuptial agreements that contain language addressing usage of social media by both spouses during the impending marriage. Such usage includes the posting and displaying of photographs, videos, and even verbal content. Using a “prenup” in this [...]
Enforcing foreign or out-of-state child support orders.
One of the main concerns of a divorced parent moving out-of-state is the continued receipt of established child support payments. Hopefully, the situation prior to relocation is one in which the ex-spouse, or obligor-spouse (spouse obligated to pay child support) is fully complying with any court-ordered child support. What if [...]
Can the court suspend my driver’s license for not paying child support?
When this question is asked, I often wonder if people are more surprised by the fact that this is even a valid question or that its answer is yes. After all, state governments using driver’s license suspension to enforce debt payment is not unique in the United States. It is [...]
Preparing for mediation during your divorce.
For most couples, divorce can be emotional and arduous. Divorcing couples may benefit from mediation as a means to ensure your voices are heard prior to litigation. Mediating your divorce matter can assist with narrowing the issues and may even result in a resolution of your divorce matter. Before you [...]
Should you consider mediation? Why alternative dispute resolution may be better for both spouses.
When emotions are running high and a couple is thinking of divorcing, it may seem impossible to consider a form of alternative dispute resolution like mediation. Many people believe that mediation will not work for them, and that the only way to settle the problems with their spouse is in [...]
Drug testing and child custody: Can you ask for your spouse to be tested?
In every child custody case, the most important factor that a court will consider is the well-being and physical safety of a child. When making decisions about where a child should live and who can visit that child, a judge will consider each parent’s living arrangements and lifestyle. During child [...]
Will you have to pay alimony to your spouse? What Delaware courts consider.
Alimony, or spousal support, is one of those topics that many separating spouses find concerning. Whether or not an ex-spouse is entitled to additional monthly support payments can be a complicated issue, but Delaware’s laws offer guidelines for family law judges and attorneys to consider in a settlement negotiation or [...]
If I am injured on the job, does my immigration status matter?
Undocumented immigrants tend to work in dangerous and demanding jobs. Because of their immigration status, many work in fields like construction, manufacturing, farming, or the service industry. All of these types of jobs are physically demanding and carry an increased risk of on-the-job injuries. When an undocumented worker is injured [...]
When your ex-spouse won’t pay: How to enforce a Family Court order.
Finally receiving a court order for the financial support you need after a divorce can be a great feeling. Whether it is child support, alimony, or payments for a shared debt, it is often a relief to know that you will have help from your former spouse to make ends [...]
Beware of what you post: How social media may hurt your divorce case.
Nearly everyone in America uses some form of social media to connect with friends and family, share news, and document their lives. With so much of our daily routines ending up in a Facebook status, a tweet, or a new post on Instagram, people contemplating divorce need to be vigilant [...]
What’s mine is yours . . . ’til divorce do us part!
One of the more complicated parts of a divorce is when the courts have to decide on the division of property. This part of the process can be extremely grueling and time-consuming. However, being prepared for what’s to come can only help. The process is much easier when the parties involved [...]
Show me the money!
The financial aspect of a divorce proceeding can become very burdensome. Initially, there’s the emotional impact of separating from your spouse and getting a divorce, and if your divorce is not a simple one, you then have to consider the financial aspect of your case. The court looks at each [...]
What are the effects of incarceration on divorce proceedings?
If divorce proceedings are commenced when one party is incarcerated, certain practical considerations will impact the timing and conduct of the proceedings. Firstly, certain additional steps may be required to ensure proper service of process for the incarcerated individual, in accordance with guidelines of the specific detention facility. It is [...]
In whose best interest?
Whenever a married couple with minor children from the marriage divorces, custody and visitation become an issue. From the very beginning, the Delaware Family Court makes it clear that the best interests of the children are of utmost importance. For instance, the court requires that both parents sign an Affidavit [...]
Love that’s equally valid.
Governor Jack Markell declared that by signing House Bill 75 into law on May 7, 2013, Delaware was recognizing that same-sex couples who have committed to one another and pledged to spend their lives together have a love that is equally valid and deserving. The adoption of House Bill 75, [...]
The differences with military divorce.
In honor of Veteran’s Day, here’s some information you should know if you are involved in a military divorce. A military divorce in Delaware is a bit different from a typical civilian divorce. Under the Soldiers and Sailors Act, 50 UCS Section 521, as well as the discretion of the local [...]
How do you modify alimony?
If you have an alimony award, it can be modified at any point when there is a substantial change in circumstances. The case summary below is a good example of when an alimony award can be modified. A.C. vs. E.C., File No. CS09-02606, Petition No. 12-18873, Jones, J. (February 21, [...]
The black widow rears its ugly head.
In Delaware, if you have a claim for alimony, the party seeking the alimony benefit must be defined as a “dependent spouse” under the meaning of statute 13 Del. C § 1502. In the attached case, the husband made a substantially higher income than his ex-wife. They were only married for [...]
Prenuptial agreements in Delaware
Prenuptial agreements reduce much of the financial litigation that may result from a divorce. A prenuptial agreement is executed prior to the marriage and is designed to govern the distribution of assets and debts in the event of a divorce. In Delaware, a prenuptial agreement can also be established for a [...]
Six-month statutory separation requirements.
There is a six-month statutory separation requirement prior to the court ordering the parties divorced. This is because the court wants to encourage reconciliation whenever possible. To file for a divorce in Delaware, you must be a resident of our state for at least six months and be separated from [...]
Social Security benefits not subject to division. Yikes!
Federal law prohibits the direct division of social security benefits from a spouse in property division hearings. Social security benefits, according to the law, are not ‘transferable or assignable at law or in equity, and none of the monies paid or payable or rights existing under the Social Security Act [...]
The financial aspect of your divorce.
Always keep in mind that if your divorce claim includes ancillary matters, you will most certainly be asked for a great deal of financial information. Here are some documents that you should have handy to provide to your divorce lawyer or the court: Tax returns (usually last 3 years are [...]