Del. Fam. Ct. Civ. R. 16

(a) Child Support Financial Disclosure Report.

(1) Prior to a mediation conference on an action for support or for modification of an existing

order, each party shall complete a written report in the form approved by the Court to be

known as a Child Support Financial Disclosure Report, attaching thereto such documents

as may be required by the instructions accompanying the Report. Each party shall bring a

completed Child Support Financial Disclosure Report to the mediation conference where

the information contained therein shall be notarized by the parties, with

misrepresentations subject to appropriate sanctions.

(2) In any matter in which a mediation conference does not occur, each party must complete

and exchange with the opposing party or attorney a written report in the form approved

by the Court to be known as a Child Support Financial Disclosure Report at least 7

calendar days prior to the first court appearance. Each party shall bring a copy of the

completed report to their first court appearance where the information contained therein

shall be notarized with misrepresentations subject to appropriate sanctions.

(3) The requirement for filing the Child Support Financial Disclosure Report may be waived

by the Court upon written application by either or both parties for good cause shown, but

only under such conditions as the Court may impose.

(4) Failure of a party to submit the Child Support Disclosure Report with attachments or to

exchange with the opposing party shall subject the offending party to appropriate

sanctions.

(b) Custody, visitation and guardianship disclosure report.

(1) Prior to a mediation conference on an action for custody, visitation or guardianship, each

party shall complete a written report in the form approved by the Court to be known as a

Custody, Visitation, and Guardianship Disclosure Report, attaching thereto such

documents as may be required by the instructions accompanying the report. Unless

already submitted to the Court in advance, each party shall bring a completed report to

the mediation conference where the information contained therein shall be notarized with

misrepresentations or omissions subject to appropriate sanctions.

(2) In any matter where a mediation conference does not occur, each party must complete

and exchange with the opposing party or attorney a Custody, Visitation, and

Guardianship Disclosure Report at least 7 calendar days prior to the first court

appearance. The Custody, Visitation, and Guardianship Disclosure Report must also be

filed with the Court at least 7 calendar days prior to the first court appearance. The

information contained in the report shall be notarized at the first court appearance with

misrepresentations subject to appropriate sanctions.

(3) The requirement for filing the Custody, Visitation and Guardianship Disclosure Report

may be waived by the Court upon written application by either or both parties for good

cause shown, but only under such conditions as the Court may impose.

(4) Failure of a party to submit the Custody, Visitation and Guardianship Disclosure Report

shall subject the offending party to appropriate sanctions.

(c) Ancillary Financial Disclosure Report.

(1) After the entry of a divorce decree, a petitioner requesting ancillary relief shall complete a

written report in the form approved by the Court known as an Ancillary Financial

Disclosure Report and shall forward an original notarized copy to the respondent or

attorney for respondent within 30 days of the granting of the final decree of divorce and

advise the Court in writing that the report has been sent to respondent or respondent’s

attorney. Respondent shall then complete the form filing the original notarized document

with the Court and forwarding a copy to the petitioner or petitioner’s attorney within 30

days of receipt.

(2) Where a petitioner does not seek ancillary relief, a respondent requesting such relief shall

complete the Ancillary Financial Disclosure Report and forward an original notarized

copy to petitioner or petitioner’s attorney within 30 days of the granting of the final

decree of divorce and advise the Court in writing that the report has been sent to

petitioner or petitioner’s attorney. Petitioner shall then complete the form filing the

original notarized document with the Court and forwarding a copy to respondent or

respondent’s attorney within 30 days of receipt.

(3) The requirement for filing the Ancillary Financial Disclosure Report may be waived by

the Court upon written application by either or both parties for good cause shown, but

only under such conditions as the Court may impose.

(4) Failure of a party to submit the Ancillary Financial Disclosure Report shall subject the

offending party to appropriate sanctions.

(d) Ancillary Pretrial Stipulation.

(1) Unless there exists a no contact order between unrepresented parties, at least 30 days

prior to a pretrial conference, the parties shall meet or confer in an effort to resolve all

outstanding issues. This requirement may be waived by the Court upon motion by either

or both parties for good cause shown.

(2) If the parties are unable to reach an agreement regarding their ancillary matters, an

Ancillary Pretrial Stipulation shall be completed in the following manner:

i. The petitioner seeking ancillary relief shall complete the Ancillary Pretrial Stipulation

and forward an original notarized copy to the respondent or the respondent’s attorney

at least 20 days prior to the pretrial conference.

ii. The respondent shall then complete the document, file the original document with the

Court and forward a copy to the petitioner 7 calendar days prior to the pretrial

conference. Each party’s respective submissions shall be contained on one form.

iii. Petitioner after receiving from the respondent the completed form shall be entitled to

supplement or file with the Court any objections. The objections or supplement

should be filed prior to or at the pretrial conference. A copy of any objections shall

also be provided to the respondent or respondent’s attorney.

(3) If the petitioner fails to complete the Ancillary Pretrial Stipulation, the respondent must

complete his or her portion of the Ancillary Pretrial Stipulation and file it with the Court

at least 7 calendar days prior to the pretrial conference.

(4) If there exists a no contact order between unrepresented parties whether in a criminal

proceeding or a Protection From Abuse Order, each party shall complete his or her

portion of the Ancillary Pretrial Stipulation and file it with the Court at least 20 calendar

days prior to the pretrial conference. The Court will forward a copy of the Ancillary

Pretrial Stipulation to the opposing party.

(5) The requirement for filing the Ancillary Pretrial Stipulation may be waived by the Court

upon motion by either or both parties for good cause shown, but only under such

conditions as the Court may impose.

(6) Failure to submit the Ancillary Pretrial Stipulation shall be subject to appropriate

sanctions.

(e) Failure to comply. Failure of either party to comply with the requirements of this Rule may

result in the imposition of appropriate sanctions which may include but are not limited to the

following: the Court’s sua sponte continuing the proceeding, acceptance of properly

submitted information to the exclusion of contrary evidence by the party in non-compliance;

assessment of attorney’s fees against the non-complying party or default judgment for the

relief requested. Failure of both parties to comply with this Rule as it relates to the Ancillary

Financial Disclosure Report may result in dismissal, with prejudice, of all applications for

ancillary relief. As it relates to submissions required by the Ancillary Pretrial Stipulation,

failure of a party to file may result in the adoption of the findings, conclusions and order

submitted by the other party as the decision and order of the Court or cancellation of the

ancillary hearing.