Delaware > Statewide > Family Court
Consent Support Order 344A - Delaware
| Consent Support Order Form. This is a Delaware form and can be used in Family Court Statewide . |
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Form 344A (07/11) The Family Court of the State of Delaware In and For New Castle Permanent Kent Interim Sussex County CONSENT SUPPORT ORDER Petitioner / Obligor v. Respondent / Obligor FILE # PET # TYPE SSN: Attorney: Employer: DOB: SSN: Attorney: Employer: DOB: DCSE # OS # New Support IV-D EIN: In the interest of DOB: DOB: EIN: Non IV-D DOB: DOB: Attendance: Petitioner present Attorney telephone video present Attorney telephone video Respondent / / after a mediation conference the parties agreed: On 1. attendance not required attendance not required failed to appear failed to appear has a duty to support the above named child(ren) based on: Obligor's admission that he is the child(ren)'s parent and waives any right to genetic testing. Genetic test results reflect probability of paternity is at least 99% and evidence presented. Genetic test cost shall be paid by Father Mother DCSE. Parents signed and filed a voluntary acknowledgement of paternity. Child(ren) was(were) born during the marriage or within 300 days after divorce. Child(ren) resided with obligor for 2 years immediately following birth and obligor held child(ren) out as his own. Paternity was adjudicated by prior court order dated / / . Mother swore/affirmed she did not have sexual intercourse with any other man at or about the probable time of conception. Obligor failed to appear despite proper notice for genetic testing, mediation (or) Commissioner's hearing. Obligor is the child(ren)'s mother. Other 2. Office of Vital Statistics ( Delaware other ) shall amend child(ren)'s birth registration to reflect: Obligor is the child(ren)'s Father. Father's place of birth is Change of the child(ren)'s name(s) to: Obligor is ordered to pay $ per month current support, effective / / , based on: Delaware Child Support Calculation(s) dated / / , attached and incorporated by reference. Deviation from Child Support Formula calculation (See discussion.). Obligor has a back support obligation (or) as set by the court (See discussion.). Total payment is $ Total includes: credit as of / / as agreed by the parties. DCSE , of $ to be calculated by DCSE. 3. 4. 5. every month payable to current support arrears/retroactive (includes medical support of $ genetic test costs (Balance: $ as of as of ) / / ) 6. Income attachment is ordered and will issue payable to DCSE. Until the income attachment takes effect, or at any time full payment is not secured by income attachment, Obligor shall make payment to DCSE at P.O. Box 12831, Wilmington DE 19850. 50 55 60 65%. The currently applicable consumer credit protection limit when obligor is employed is The issuance of income attachment shall be stayed. Payments shall be made directly to ________________. Attachment, payable to DCSE, shall issue upon the filing of a verified notice of default in payment for seven (7) working days. Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Form 344A (07/11) 7. Father, Mother, The first parent to whom it becomes available at less than 10% of gross income (or) Both parents shall provide HEALTH INSURANCE covering the child(ren) when available and shall provide all necessary documents to allow for use of the health insurance whenever the child(ren) is in the other party's care. A National Medical Support Notice may issue to the employer of any obligated parent for the following coverage: Medical Dental Vision Prescription Drug Mental Health other: Health insurance coverage is currently offered through a parent's employer but the policy is either unreasonable in cost or inaccessible by the child(ren). Therefore neither parent is required at this time to provide health insurance for the child(ren). Whenever a child is without health insurance coverage, each parent has a duty to acquire coverage if it becomes available and the cost to cover the parent and his/her child(ren) is less than 10% of the parent's gross income. Neither parent shall cancel ordered coverage regardless of cost without a subsequent order relieving them of the responsibility. 8. CASH MEDICAL SUPPORT means medical expenses for the child(ren) not reimbursed by insurance. All requests for payment of cash medical support must include supporting documentation and payment shall be made within a reasonable time. A petition for contribution to or reimbursement for a medical expense may be brought at any time. However, any right of reimbursement is presumed waived unless a petition for reimbursement is filed with the Court by December 31 of the second year following the date of treatment. This presumption may be rebutted for good cause shown. Additionally: $350 of annual CASH MEDICAL SUPPORT is ordered and has been included in the current support obligation. Therefore, the support recipient is responsible for the first $350 of unreimbursed medical expenses each year. Additional expenses are allocated % to Father and % to Mother. All CASH MEDICAL SUPPORT is allocated % to Father and % to Mother. 9. One or more children reside in shared equal placement. If one parent is not adequately contributing to shared incidental expenses, the Court may impose any appropriate sanction including, but not limited to, finding that the support formula is rebutted or imposing a current support obligation against the offending parent as if the child resided primarily with the other parent. 10. Miscellaneous provisions The parties shall report any changes of drivers license number, address (including incarceration or release from incarceration), telephone number, employer, employer address or telephone number to the Family Court in: New Castle County (302)255-0300 Kent County(302)672-1000 Sussex County (302)855-7400 Pursuant to UIFSA, Delaware is the tribunal with continuing, exclusive jurisdiction over this obligation. The Obligor is incarcerated. The requirement of payment on this Order is suspended until Obligor's release from incarceration. Unpaid current support obligation will accrue as arrears. A Delaware Order to pay current support remains in effect until the youngest child has reached 18 and is no longer enrolled in high school, or 19, whichever occurs first. Thereafter payment shall continue in the total amount until any balance is paid. If current support has terminated and/or all back support and arrears has been paid in full, DCSE is authorized to terminate or modify any income attachment. Either party may also file a Motion to Revoke to terminate or modify the attachment. The parties shall notify each
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