Affidavit of Non-Military Service - Delaware 2025

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An Emergency Petition for Custody, Partial Custody or Visitation must be filed in person at the Office of Judicial Support. The filing party will be required to present the Emergency Petition to the District Court Administrators Office which will forward it to a judge.
Filing for custody in Delaware generally involves a basic fee of $100.00, which includes a $90.00 filing fee and a $10.00 court security assessment. Beyond that, you may face additional costs depending on your circumstances.
Joint custody scenarios in Delaware do not allot a parenting time credit to either parent. Instead, in joint custody cases, the higher earner will pay child support to the lower earner.
Preliminary Injunction: Del. A party seeking a preliminary injunction must either: Request the remedy in its verified complaint. File a separate motion with notice and supporting affidavit.
Minimum Orders: Unless the children reside in shared or split placement or the obligated parent is disabled, the Court will impose an obligation of not less than $160 for one child and $240 for more than one child.
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Net available income for each parent is determined by subtracting taxes, limited deductions and a self support allowance from gross income. The result is discounted further by a designated percentage based upon the number of other children each parent is obligated to support.
An Affidavit of Military Service is required in every case where the Defendant has not filed an answer or appearance. The purpose is to protect the men and women serving in the U.S. military from having a court judgment entered against them without first receiving notice of the lawsuit and a chance to defend the case.

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