Motion To Be Found Indigent and Request For Appointment of an Attorney in Child Support Proceedings - Delaware 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in your personal information as the petitioner, including your name, address, and the county where you are filing (New Castle, Kent, or Sussex).
  3. Indicate whether you are currently employed. If not, provide details about your last employment and reasons for unemployment.
  4. List all sources of income including monthly payments from pensions, unemployment compensation, and any other relevant sources. Calculate your total income.
  5. Detail your monthly debt obligations such as child support, mortgage payments, and loans. This will help determine your available income.
  6. Provide information about any cash or assets you have, including bank account balances and property ownership.
  7. Complete the affidavit section by signing before a notary public to validate your claims.

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Delawares Statute of Limitations on Back Child Support Payments (Arrears) There is no statute of limitations in Delaware for child support arrears enforcement.
Any person who owes $1,000 or more in arrears or retroactive support and is 30 or more days delinquent in payment of a child support order from either Family Court or the Division of Child Support Services may have their license suspended as defined in Title 13 Delaware Code section 516.
Under Delaware law, both parents have a duty to support their child until the child is 18 years of age, or, if the child is still in high school, until the child graduates or turns 19 years of age, whichever comes first.
Theres no strict dollar amount or a specific number of months behind that automatically leads to a warrant. However, if the unpaid amount grows docHubly and the payments are missed over a long period, enforcement actions usually escalate.
Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. In the event that a District Court judge is required to appoint a private attorney, the District Court judge shall utilize the list maintained by the County Court.

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Delaware law stipulates that current child support payments may be terminated once a child docHubes the age of 18. If a child over 18 is still enrolled in high school, a child support order will remain in effect until they receive their high school diploma or docHub the age of 19, depending on which event comes first.

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