Del. Code tit. 13 § 2204

Current through 2024 Legislative Session Act Chapter 494
Section 2204 - A disbursement of support payments
(a)
(1) The Division of Child Support Services may establish a process to transfer support payments electronically to an account designated by the obligee of the support order or to an alternate account that can be accessed by the obligee through an electronic access card. The electronic transfer of support payments shall begin when the Department of Health and Social Services certifies all necessary steps in the process are established and complete.
(2) For the purposes of this chapter, an obligee is considered a resident parent, a dependent, his or her legal guardian, caretaker relative having custody of or responsibility for the child, custodian or trustee, conservator representing the custodial parent and child directly with a legal and fiduciary duty, or alternate caretaker designated in a record by the custodial parent for a dependent's support as long as the obligation of support exists.
(b) In all cases in which the Division is authorized pursuant to subsection (a) of this section to receive and disburse support payments, the Division may administratively change the payee to the Division. Such change shall not occur until the Division has provided prior notice of the change to all parties under the support order and offered an opportunity for any party to contest the change in payee. The Division shall establish procedures for a party to challenge the administrative change in payee.
(c) A child support obligor shall have no right of reimbursement from the Division of Child Support Services for any child support payment received and disbursed by the Division to an obligee who is not a recipient of public assistance.
(d) Notwithstanding any other law, rule or regulation to the contrary, a child support payment shall not be subject to attachment, garnishment or execution.
(e) In all cases in which the Division administratively changes the payee pursuant to subsection (b) of this section, the Division shall provide notice to all parties under the support order of the date of the obligor's final payment at the following times, when applicable:
(1) Six months from the date of the final payment;
(2) Three months from the date of the final payment; and
(3) Upon receipt of the final payment.
(f) The Division shall establish procedures for applying the notice requirements as listed in subsection (e) of this section.
(g) In all cases when a child support wage attachment is in place, the Division shall immediately notify the noncustodial parent's employer to immediately terminate the wage withholding when the parent's child support obligation has been satisfied.
(h) The Division may recoup payments that it has received and disbursed to a payee but which the payee was not entitled to receive under the child support order. The Division shall give prior written notice to the payee of its intent to recoup. The notice shall state the amount the Division intends to recoup and how it was determined, the manner in which the Division intends to recoup the funds, and inform the payee of that payee's right to an administrative hearing prior to any recoupment. If the payee fails to timely request a hearing, recoupment may proceed as described in the notice. The Division may recoup such payments by withholding not more than 10% of each disbursement due to the payee until the Division is reimbursed in full. Except as otherwise provided herein, all hearings and proceedings under this subsection shall be in accordance with the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. Recoupment shall not apply to payments received and disbursed pursuant to the terms of a child support order that is later modified.

13 Del. C. § 2204

Amended by Laws 2017 , ch. 335, s 2, eff. 7/17/2018.
Amended by Laws 2015 , ch. 234, s 17, eff. 5/19/2016.
71 Del. Laws, c. 216, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 278, § 2; 73 Del. Laws, c. 342, §1; 76 Del. Laws, c. 298, § 1.;