What is the process for enforcing a child support order?
Enforcing a child support order in Delaware is a two-step process. First, the party receiving the child support must file a petition in the Family Court. This petition will include the information regarding the child support order such as the amount, date, and how it should be paid. When the petition is filed, the Family Court will issue a summons to the other party, notifying them of the need to appear in court to answer the petition. The second step of the enforcement process is a hearing. During the hearing, the court will determine if the other party has the financial ability to pay the child support order. The court will take into account the other party’s income and assets, as well as any other factors that would affect their ability to pay. If the court finds that the other party can pay the order, they will issue an enforcement order, which outlines the actions that must be taken to ensure payment. Once the enforcement order has been issued, the other party must comply with its terms. If they do not comply, the court may order wage garnishment, tax refunds, or other actions. The court may also issue a contempt of court order, which can result in fines, imprisonment, or other sanctions. It is important to note that enforcement orders must be followed and failure to do so can lead to serious consequences.
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