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Delaware child support: how the Melson Formula works in 2026

Delaware does not use a support table. Its Family Court applies the Melson Formula, which works in three layers: protect each parent's own subsistence, cover the children's primary needs, then give the children a share of whatever income is left so they benefit from a parent's higher standard of living. The 2026 figures took effect February 1, 2026.

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At a glance

ModelMelson Formula, Delaware Family Court Civil Rules 500 to 510
Self-support allowance$1,600 a month for each parent (2026), updated each February 1 with the federal poverty guidelines
Primary support allowance$800 for one child, plus $420 for each additional child
SOLAStandard of living adjustment: 12% of remaining income for one child, 17% for two, 21% for three, plus 2% for each more
Parenting time10% credit at 80 to 124 overnights, 30% at 125 to 163, shared placement at 164 or more
Support endsAt 18, or for a high school student likely to graduate, at the diploma or 19, whichever comes first
ModificationWithin 2.5 years of the last order: a particular substantial change and more than a 10% difference; after 2.5 years, neither is required

Step one: net available income, from gross pay

Support is based on each parent's reasonable earning capacity. A parent working at least 35 hours a week in a job suited to their training, above the entry wage for that field in the Delaware Department of Labor wage surveys, is presumed to be earning it. Undocumented income, voluntary unemployment, or failing to appear leads to imputing at least the presumptive minimum income of $2,390 a month. Gross income includes wages, bonuses and commissions, self-employment income, and most other taxable income; second jobs, overtime, and passive income are judged case by case. Nontaxable income such as post-2018 alimony, VA benefits, or military allowances is grossed up by 25%.

From gross income, the worksheet (Form 509) subtracts a 7% self-employment tax adjustment if documented, mandatory pension contributions and limited voluntary retirement savings, union dues, disability insurance, health insurance that does not cover these children, and court-ordered alimony. Then it subtracts the self-support allowance, $1,600 for each parent in 2026. A parent who also supports other children multiplies the rest by 70%. What remains is net available income, and each parent's percentage of the combined figure is their share.

Primary need is the primary support allowance for the children ($800 for one, $420 for each additional child) plus work-related child care, approved private school tuition, and 75% of the children's health insurance premium (50% if the parent supports other children). It is split by each parent's share. SOLA then adds a percentage of each parent's income left after their primary obligation. For very high incomes, any amount over $16,000 of SOLA-available income is offset by 30% first.

Worked example: Delaware

  1. Parent A grosses $7,600 a month and Parent B $5,600, with no other deductions. After each parent's $1,600 self-support allowance, net available income is $6,000 for Parent A and $4,000 for Parent B ($10,000 combined).
  2. The primary support allowance for two children is $800 plus $420, or $1,220. With no child care or insurance in this example, that is the total primary need.
  3. Parent A has 60% of the net available income, so Parent A's primary support obligation is $732 a month (Parent B's share is $488).
  4. SOLA comes on top: 17% for two children of Parent A's net available income left after the $732. That is why a Delaware order usually lands well above the primary figure; the Family Court's online calculator completes the SOLA lines and credits.

This is an estimate, not legal advice. Figures are rounded to the dollar and leave out the insurance, childcare, and other adjustments your case may have. Try your own numbers in CoreParent's calculator, then confirm with the state's official calculator.

Overnights: the 80, 125, and 164 thresholds

Delaware's parenting time adjustment (Line 22) is set by the overnights in the current contact order or agreement. A paying parent with 80 to 124 overnights a year keeps 10%, and one with 125 to 163 keeps 30%, of the primary support and SOLA retained in the other parent's household. On the primary-support step of the example, 10% of the $1,220 allowance at 100 overnights would bring Parent A from $732 to about $610 a month; in the full calculation the same 10% also applies to the SOLA retained in Parent B's home. A parent who claims a different schedule than the order must prove it by clear and convincing evidence.

At 164 or more overnights the child counts as living equally in both homes: each household is assigned half a child, using an allowance of $590 for half a child plus $210 for each additional half. Parents in shared placement are expected to split everyday incidentals such as haircuts, school lunches and supplies, instrument rentals, and local activity fees. In shared or split placement, no obligation is set if the calculation shows less than $50 a month. CoreParent's calculator approximates equal placement as about $122 a month for this example, on the primary step only.

Medical costs, child care, and minimum orders

Health insurance covering the children is a primary need, presumed unaffordable if covering the parent and children costs more than 10% of income; once in place, it must be kept until the court or a written agreement says otherwise. Uninsured medical costs are split by a percentage tied to each parent's share of net available income, rounded to the next 10% toward 50%, so shares between 41% and 59% become an even split. Requests for reimbursement of a past expense should be filed by December 31 of the second year after it was incurred. Actual work-related child care counts; hypothetical child care does not. Outside shared or split placement, the minimum order is $160 a month for one child and $240 for more, unless the paying parent is disabled.

Self-support protection, other children, and incarceration

No order can exceed 50% of the paying parent's net available income (35% if they support children in three or more households). Supporting other children cuts net available income to 70% before shares are figured. A parent receiving SSI is not assessed support without other resources, and Social Security disability benefits paid to the children on a parent's record offset that parent's obligation dollar for dollar. After 180 days of continuous incarceration, most orders entered since February 2019 drop automatically to half of a minimum order.

When support ends, modification, and back support

Both parents must support a child under 18, and a child over 18 who is in high school and likely to graduate, until the diploma or age 19, whichever comes first. A new petition presumes six months of support before filing and can reach back no more than two years. Within two and a half years of the last order, a modification petition must describe with particularity a substantial change not caused by the petitioner's own voluntary or wrongful conduct, and the order changes only if the new figure differs by more than 10%. After two and a half years, neither requirement applies. A revision of the formula alone is not grounds to modify.

Arrears are normally repaid at 20% of current support, with at least $20 a month. The Division of Child Support Services in the Department of Health and Social Services handles establishment and enforcement for families who apply.

Documents you will need

Delaware child support FAQ

What is the Melson Formula in Delaware?

It is Delaware's child support method. Each parent keeps a self-support allowance ($1,600 a month in 2026), the children's primary support allowance plus child care and insurance is split by net available income, and a standard of living adjustment adds 12% to 21% or more of each parent's remaining income.

What is the minimum child support in Delaware?

$160 a month for one child and $240 for two or more, unless the children are in shared or split placement or the paying parent is disabled. Arrears-only minimums are $192 and $288.

How many overnights reduce child support in Delaware?

80. From 80 to 124 overnights the paying parent keeps 10% of what the other household retains, from 125 to 163 they keep 30%, and at 164 or more the placement is treated as shared. In our example, 100 overnights brings the primary obligation from $732 to about $610.

When can I modify child support in Delaware?

Any time after two and a half years from the last order. Sooner than that, you must show a specific substantial change you did not cause, and the result must change support by more than 10%.

Is there a Delaware child support calculator?

Yes. The Family Court publishes an automated version of the 2026 formula on its website. CoreParent's calculator runs the 2026 Melson steps (self-support allowance, primary support, SOLA, and the 50% self-support cap) on the gross income you enter, but still use the Family Court calculator for any number you file.

Next steps

Sources

Verified against these official sources in October 2026:

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This is general educational information, not legal advice, and official figures change. Last verified: October 2026. Consult a licensed family-law attorney in Delaware.