DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE CONCURRENT RESOLUTION NO. 71

SUPPORTING THE AD HOC COMMITTEE FOR CHILD SUPPORT FORMULA REVIEW'S PROPOSED REVISION TO FAMILY COURT RULE OF CIVIL PROCEDURE 506.

WHEREAS, according to the National Conference of State Legislatures, on average, an incarcerated parent with a child support order has the potential to leave prison with nearly $20,000 in child support debt, having entered the system with around half that amount owed; and

WHEREAS, Delaware is consistent with this national statistic because the average child support debt for those currently incarcerated in Delaware is $10,000; and

WHEREAS, failing to recognize the inability to pay while incarcerated undermines the obligor's ability to make a successful transition and meet their obligations post-release, including the ability to pay child support; and

WHEREAS, in December 2016, the federal government promulgated a regulation in 45 CFR § 303.8 permitting states to initiate a review of a child support order without a specific request when a noncustodial parent will be incarcerated for more than 180 calendar days; and

WHEREAS, Senate Bill No. 81 was introduced on May 10, 2017 to require the automatic suspension of child support orders when a noncustodial parent is incarcerated for 180 consecutive days or more; and

WHEREAS, Family Court Rule of Civil Procedure 506 governs minimum child support orders, including minimum obligations of an incarcerated parent; and

WHEREAS, the Ad Hoc Committee for Child Support Formula Review began meeting in January 2018 and has proposed a revision to Family Court Rule of Civil Procedure 506 that would automatically decrease a child support order to one half of the monthly minimum order after an obligor is incarcerated for 180 continuous days.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 149th General Assembly of the State of Delaware, the House of Representatives concurring therein, that the Ad Hoc Committee for Child Support Formula Review’s recommended revision to Family Court Rule of Civil Procedure 506 is good public policy and expresses support for this recommended revision to Rule 506; and

BE IT FURTHER RESOLVED that the Secretary of the Senate shall send a suitable copy of this resolution to the Chief Judge of the Family Court.

SYNOPSIS

This Senate Concurrent Resolution supports the Ad Hoc Committee for Child Support Formula Review's proposed revision to Family Court Rule of Civil Procedure 506.

Author: Senator Henry