Del. Fam. Ct. Civ. R. 508

Any petition for child support modification filed within two and one-half years of the last

determination of current support must allege with particularity a substantial change of

circumstances not caused by the petitioner’s voluntary or wrongful conduct except as described

in Rule 501(j) and 506(c). Furthermore:

(a) No modification will be ordered unless the new calculation produces a change of more

than 10%.

(b) Beyond two and one-half years, neither the “particularity” nor the “10%” requirement

applies.

(c) An obligation may be adjusted upwards or downwards, and the payor and payee may be

reversed, regardless of who filed the petition.

(d) An update or adjustment to the Delaware Child Support Formula pursuant to Rule 500(b)

does not constitute a change of circumstances sufficient to modify an existing order for

current support even if the amount of current support would change as a result of the

update or adjustment.

(e) Any petition for modification of an arrears only order filed within two and one- half years

of the last establishment by the Court of an arrears only payment after either a hearing on

the merits or stipulation of the parties must allege with particularity a substantial change

of circumstances not caused by the Petitioner’s voluntary or wrongful conduct except as

described in Rule 501(j).

(f) Annual Document Exchange. Any party subject to an active current child support

obligation may initiate an exchange of child support financial disclosure reports as

required by Rule 16(a). Specifically:

1. An exchange is initiated by a party to an ongoing current support obligation sending

their own completed financial report along with a blank financial disclosure report

form to the other party to complete. The receiving party shall return their completed

report with all attachments within 30 days.

2. If the exchange is initiated prior to May 1, tax returns exchanged shall be the most

recently filed by the party. After May 1, tax returns exchanged shall be for tax year

immediately preceding. If the party has received a tax filing extension, they shall

instead submit equivalent financial records such as a draft return with attachments.

An exchange may be limited in scope such as the parties’ 3 most recent pay stubs

incident to a recent change in employment.

3. Attached to each financial disclosure report shall be all documentation otherwise

required by Rule 500(c) to be submitted in preparation for a hearing.

4. No party shall initiate an exchange more than once per year or within 6 months after

the most recent Court determination of current support (including the dismissal with

prejudice of a petition for modification), or in the calendar year in which the last child

subject to the order will reach their 17th birthday. A nonparent child support recipient

shall only be required to provide information that is directly relevant to the

calculation of child support.

5. The Court will assist, upon request, with the exchange if compliance may violate a no-contact order with the other party or any resident in the other party’s home, or if a

party has been granted confidential address designation pursuant to Rule 90.1(d).

6. An independent Motion to Compel may be filed upon an opposing party’s failure to

comply with a properly initiated exchange. The motion may be decided on the papers

or after a hearing at the discretion of the Court. The motion shall have attached a copy

of the moving party’s own financial report and proof of actual delivery to and receipt

by the noncompliant party.

7. If the Court finds a party has failed to make a good faith effort to comply with this rule

or used this rule to harass or abuse the opposing party, the Court may:

i. Direct the party to comply with the rule within a time certain or else appear before

the Court for contempt;

ii. Authorize the compliant party to file a petition for modification not subject to Rule

508(c).

iii. Require the noncompliant party to pay court costs and attorney’s fees incurred by

the compliant party; or

iv. Any other relief the Court finds just and appropriate.

8. The Division of Child Support Services and Department of Justice are not required to

facilitate the operation of this rule, and the fact of those agencies’ involvement shall

not constitute a basis to relieve or excuse either party of their obligations under this

rule.