Child Support Arrears Adjustment

Summary

Amy, a resident of Delaware, is seeking to adjust child support arrears for her children, Elizabeth and Randy, who have been living with her since 2019 and 2021 respectively. She has been billed for child support since 2019, despite having custody of the children. She has filed a petition for modification with the Delaware Family Court in Kent County and is awaiting an administrative hearing with the Division of Child Support Services (DCSS). She is also dealing with child support issues for her other two children, Cheyanne and Savannah, who are under the guardianship of Tina Irwin and Daniel Irwin. Amy is hoping for a reduction in arrears and a change in the order for support to list only Cheyanne and Savannah.

Full Conversation

What do I need to file in Delaware to have child support arrears reevaluated and adjusted?
Have there been any significant changes in your financial circumstances since the last child support order was issued?

In Delaware, you can request a modification of child support order if there's a substantial change in circumstances.
Yes but the modification only goes back 3 months. It’s not long enough.
What is the reason you believe the modification period should be longer than 3 months?

In Delaware, modifications typically apply from the date of filing.
I filed with the court for modification and the commissioner said he could only go back 3 months.
What was the substantial change in your financial circumstances that led you to request a modification?

In Delaware, child support modifications are typically retroactive to the date of filing, not beyond.
I have been billed for child support since * for a child that has lived with me.
What evidence do you have to prove that the child has been living with you since *?

In Delaware:
- Child support modifications are retroactive to the date of filing.
- Proof of change in circumstances is required.
a court order rescinding guardianship in *.
What is the name and location of the court that issued the order rescinding guardianship? This information will help in contacting the court for further assistance.
Delaware Family Court in Kent County
What is the case number of the order rescinding guardianship?

Delaware Family Court, Kent County:
- Address: * Court St, Dover, DE *, USA
- Phone: +* *-*-*
i have a copy of the court order.
What is the case number mentioned on the court order? This will help in tracking your case.
For the guardianship or modification of support?
For both, if possible. The case numbers will help in identifying and reviewing your specific cases.
The modification for support is CK1505266
What is the case number for the guardianship order?
*
What is the name of the child for whom you are seeking modification of child support?
Elizabeth Lavasseur
What is Elizabeth Lavasseur's date of birth? This information is necessary for identifying her in the court records.
July * *
What is the current child support order amount and what do you believe it should be adjusted to?
it is the arrears
How much are the arrears and what do you believe the adjusted amount should be?
She was on the initial order in * which was * a month for four. The obligation is * a child. So since Aug * she should have not been on the order.
What is the total amount of arrears you have been billed for since August *?
*.*
What steps have you taken so far to address this issue with the court?
i have filed the petition for modification and an order for a decrease was made in june *.
What was the outcome of the modification order made in June *?
The amount of support moving forward was reduced and for 3 months in arrears the payments were reduced.
What is the reduced amount of support moving forward and for the 3 months in arrears?
*
What is the total amount of arrears that was reduced for the past 3 months?
*
What is the current total amount of arrears after the reduction for the past 3 months?
hold on
Sure, take your time. I'll be here when you're ready to continue.
I have arrears right now that total *.*. Elizabeth cam back in * so it would be 40 months she has been with me. * x * is * that should be removed from the arrears total.
What steps have you taken to prove that Elizabeth has been living with you for the past 40 months?
I have sent this information to DCSS directly back in January
What was DCSS's response when you sent them the information?
nothing
What is the contact information for the DCSS office you've been communicating with?
the social worker did say it would be a case of fraud being that the other party had received benefits for elizabeth. But never opened an investigation.
What is the name and contact details of the social worker you've been communicating with at DCSS?
there is no direct line of contact only through the call center. She said when I last spoke to her that I would need to have the case reopened.
What is the contact information for the call center you've been communicating with at DCSS?
*
What is the name of the social worker you've been communicating with at DCSS?
Tamekia Williams
What is the case number for your communication with DCSS?
*
What steps have you taken to reopen the case as suggested by Tamekia Williams at DCSS?
i do not know that her information is accurate. I don’t think it will change arrears.
What makes you believe that the information provided by Tamekia Williams might not be accurate?
because she is only referencing the order listing Elizabeth currently.
What steps have you taken to address the issue of the order only listing Elizabeth currently?
nothing with the court.
What steps have you taken outside the court to address the issue of the order only listing Elizabeth currently?
I have asked for an administrative hearing with DCSS
What is the status of your request for an administrative hearing with DCSS?
waiting for the request to be delivered should be there today.
What is the purpose of the administrative hearing you have requested with DCSS?
To have a review of the case and hopefully adjustments.
What is the expected timeline for the administrative hearing with DCSS?
I do not know.
What is the case number for your administrative hearing request with DCSS?
*
What is the expected outcome you are hoping for from the administrative hearing with DCSS?
That they can review the information I have handed them and make changes to the case in regards to the arrears.
What specific changes are you hoping they will make to the arrears?
A reeducation in arrears.
What specific amount or percentage are you hoping the arrears will be reduced by?
* for Elizabeth and * for Randy
Who is Randy and what is his relation to this case?
he is listed on the order and returned to my care in *
What is the case number for Randy's child support order?
it is the same as Elizabeth’s
What evidence do you have to prove that Randy has been living with you since *?
A court order that states he has been in my care since sept *
What is the case number mentioned on the court order stating Randy has been in your care since September *?
*
*-*
case number *-*
What is the name and location of the court that issued the order for Randy's case?
family court of the state of Delaware in Kent county
What is the contact information for the Family Court of the State of Delaware in Kent County?
*-*-*
What is Randy's date of birth?
*/*/*
What is the current child support order amount for Randy and what do you believe it should be adjusted to?
*/month and there should not be one listed for him currently as he is with me
What evidence do you have to prove that Randy has been living with you since the child support order was issued?
the court order
What is the case number mentioned on the court order stating Randy has been living with you?
*-*
What is the total amount of arrears you have been billed for Randy since he returned to your care in *?
*
*
What steps have you taken to address the issue of the arrears for Randy with the court or DCSS?
I did the modification of support and it was reduced. But dcss still lists the children in their system.
What is the case number for the modification of support you filed for Randy?
CK1505266
What was the outcome of the modification order you filed for Randy?
the child support order was reduced but Dcss still has randy in their system under the obligation summary.
What steps have you taken to address the issue of Randy still being listed in DCSS's system under the obligation summary?
I spoke to dcss they reviewed the order and said that the court has to change it the way it is listed on their document. Even though the commissioner directly states the order is in regards to two children and not all *. Dcss states I need to file a generic motion to have the case reopened.
I spoke with dcss
What specific changes are you hoping DCSS will make after reviewing the order?
they said they will not make any changes
DCSS said that I need to file with the court to have the information in their system changed.
What specific information are you looking to change in DCSS's system?
the obligation summary listing Elizabeth and Randy as part of the obligation.
DCSS has both children Elizabeth and Randy listed under the obligation summary. They need to be removed.
really?
I need to have the two children living with me removed from DCSS’s system as being part of the current order.
What steps have you taken to have the two children removed from DCSS's system as part of the current order?
I contacted dcss
What was the response from DCSS when you contacted them about removing the two children from the current order in their system?
file a generic motion with the court to have the case reopened and the children removed.
What specific information or documents do you need to include in the generic motion to reopen the case and remove the children from the current order?
I do not know
What is the current status of the child support order for the other two children who are not living with you?
they will $* each
the other two children not living with me will not receive the amount intended by the commissioner but only * dollar a month.
*
the status of the order as it stand is for * a month. But DCSS has this amount divided between the * children not just the two who do not live with me.
* a month
What is the case number for the current child support order for the other two children who are not living with you?
ck15-*
What is the current status of the child support order for the other two children who are not living with you?
* a month
What is the total amount of arrears for the other two children who are not living with you?
*
What steps have you taken to address the issue of the arrears for the other two children who are not living with you?
i am trying to get an accurate arrears debt established to make arrangements in paying it off.
What is the name and contact details of the court where you filed the petition for modification of the child support order?
Delaware Family Court In Kent County, *-*-*
*-*-*
What is the current status of your petition for modification of the child support order?
completed
its has been ordered
the current order is * a month
What is the case number for the current order of $* a month?
Cl15-*
What is the name of the other two children who are not living with you?
Cheyanne and Savannah
What are the birth dates of Cheyanne and Savannah?
*/*/* and */*/*
What is the current child support order amount for Cheyanne and Savannah, and what do you believe it should be adjusted to?
* a month. * per child.
What is the total amount of arrears for Cheyanne and Savannah?
*
$*,*.*
*
total is *
What steps have you taken to address the issue of the arrears for Cheyanne and Savannah with the court or DCSS?
i have notified them
I have notified dcss that the information in their system is not accurate
What was the response from DCSS when you notified them about the inaccuracies in their system?
I have to have the court change the order.
What specific changes are you seeking from the court regarding the order?
to change the arrears owed and the new order to have only the two children Cheyanne and Savannah listed under obligation.
What steps have you taken to get the court to change the arrears owed and the new order to list only Cheyanne and Savannah under obligation?
none I do not know what to file
What is the name and location of the court where you need to file the motion to change the arrears and the new order?
The Family Court of Delaware in Kent County, * court street, dover de *
What specific documents or evidence do you have to support your request for the change in arrears and the new order to list only Cheyanne and Savannah under obligation?
the order rescinding guardianship of Elizabeth back in *, the order stating that Randy lived with me since sep *.
The orders showing the other two children live with me.
What is the case number for the order rescinding guardianship of Elizabeth and the order stating that Randy has been living with you since September *?
Petition number is *-* and petition number *-*
What is the current status of the petition numbers *-* and *-*?
curtent
current
Both petition numbers are in reference to orders that have been established with the court and are currently standing
the status is that they have been ordered
the status returned Elizabeth to my care in * and gives the other party permanent guardianship of Cheyanne and Savannah and states that Randy has lived with me since *
What is the name and contact details of the other party who has permanent guardianship of Cheyanne and Savannah?
Tina Irwin and Daniel Irwin
What is the contact information for Tina Irwin and Daniel Irwin?
* willow grove road, Camden DE *
* willow grove road, Camden DE *
*-*-*
What is the current status of your communication with Tina Irwin and Daniel Irwin regarding the child support order?
none
no communication
I do not talk to them about the child support order they will not involved themselves
What is the current status of your communication with the Division of Child Support Services (DCSS) regarding the child support order?
unproductive but awaiting an administrative hearing
What is the date for your administrative hearing with the Division of Child Support Services (DCSS)?
not scheduled yet
there is no date yet
no date yet
i do not have a date scheduled
there is no date yet for the administrative hearing
pending
What is the expected outcome you are hoping for from the administrative hearing with DCSS?
that the arrears can be reduced and the order is fixed moving forward listing only two children Cheyanne and Savannah
that I can provide them with information to reduce arrears owed and change the information they have in their system on the order for support in reference to the two girls
What specific documents or evidence do you plan to present at the administrative hearing to support your request for a reduction in arrears and a change in the order for support?
what I have stated earlier
What is the case number for your administrative hearing request with DCSS?
there is not one
none
It is a letter requesting a hearing for the case they hold *
*
*
What is the current status of your request for an administrative hearing with DCSS?
pending
it is pending
pending
pending
I’m waiting to hear back from them
What is the expected timeline for you to hear back from them regarding the administrative hearing?
about a week
a werk
a week
7 days
*-14 days
*-14 days
What is the contact information for the DCSS office you've been communicating with?
*-*-*
*-*-*
this is not helping
*-*-*
What is the name and contact details of the court where you need to file the generic motion to reopen the case and remove the children from the current order?
delware family court Kent county
* court street dover de *
What specific changes are you hoping to achieve with the generic motion you plan to file in the Delaware Family Court in Kent County?

Delaware Family Court, Kent County:
- Address: * Court St, Dover, DE *, USA
- Phone: +* *-*-*